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tv   Small Business Commission 92616  SFGTV  November 9, 2016 3:00am-7:01am PST

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reason why, for example, an item would be returned to us by the district attorney and then it just lingers for a year or plus or minus? >> there is no specific reason for that is just the overarching issues identified previously. we are working very diligently to try to get to those matters as quickly as possible. >> the objective is to clean up the list? >> is to get justice, right could enforce the law. that's the objective. we don't like having people proper for the commission years after their election campaign or after the violations were committed. it doesn't help with deterrence. doesn't help with the purpose of enforcement doesn't help with our ability to get penalties we would like everything to be sure to get we like to get matters resolved
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bring much much more quickly than i have been able to be in the past >> thank you mr. chairman >> and? >> you mentioned undertaking the educational campaign of the public resume ugly, could you talk about that a little bit? what would be the over arching reason and how would you go about it? i mean what you are talking about for the average individual, the average citizen is very complicated and one of the problems that i at least have perceived is that people still don't really understand what the jurisdiction of the ethics commission is to put it mildly. then they expect when
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they bring something to you they expected to be resolved very quickly without understanding all the complexities you've just outlined. there are so many areas that would seem to fall under the ethics commission but really where we have no jurisdiction or power to deal with. so i would hope that would be part of the educational campaign, although i'm sure it's more complicated than what you might think in trying to educate the public on that. >> yes. absolutely. educating the public about our jurisdiction and how the enforcement process works and how to file and where to file a quality complaint are at the top of my list for subject matter in an education campaign. we are starting with a very significant and revision of our website, which we can put everything on the website but we are doing a complete overhaul in order to enter direct individual to traffic our website to the areas of inquiry where they came why they came to the website. in my
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view, in my vision of this educational campaign the coal would be to increase the public understanding of what we are authorized to do and also what we can do to help them and sort of instruct him to file quality complaint with us to that we can investigate and handle. how that looks and how that shakes out is still in the very beginning stages. it just something we've been discussing internally right now but it's definitely something i think that's on my radar could i say it everybody has a little bit of a heart attack because we are not sure we are ready for an increase or significant increase in the filing of complaints rainout that is the right. absolutely spirited if tomorrow we got 100 complaints
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they'll be difficult for us to deal with but in the future getting 100 complaints is not something i want to shy away from. something we want to encourage >> particularly in the area of whistleblower complaints which have come to us there's a lot of discussion about who really olds jurisdiction whether or not it should come to us or whether it's hr, i think a lot of those complaints are much more human resource and they have more jurisdiction than we do and i think there's a lot of misunderstanding about that and then i think also the redundancy or so it seems to me, of the sunshine ordinance task force and the complaints that they then filtered to us which are often dismissed for any variety of reasons but it does seem as if there's redundancy there in i don't know-i know we've worked with the sunshine ordinance task force in the past to resolve issues and misunderstandings between the commission and the task force but it seems to me there's still a lot of work that needs to be done in that area. so i
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don't know if you see it that way but perhaps- >> i absolutely do. i think at the november commission meeting were going to try to have several subject ordinance matters on the agenda no, it's december. november good one of the upcoming commission meetings i think capt. not available in november so it might be december. where we have a number sunshine ordinance matters on the agenda for you to consider. with a memo for a proposal for how to deal with those matters and to do with the conflict between us and the sunshine ordinance task force. essentially a be honest with you my leaning is to be more deferential to their findings and to not undertake our own independent investigation of every matter that comes in the door the to view ourselves as an enforcement authority when they do her for a matter to us. >> any other-commissioner keane >> i just like your thoughts on one aspect of our process that you took us through quite
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nicely in terms of where complaint through to the determination of the complaint. that is, the probable cause hearings. in regard to the probable cause hearings that we have we have one of the things that this commission has always put forth that we want as much transparency as possible get the public should know exactly what we are doing. so they can have respect for it and see we are doing it legitimately. the probable cause hearings that we have wheedled him in closed session. i come from a background of having been a criminal defense attorney and a public defender for 30 years or so, in which you give the ultimate due process to the person who is charged because you're taking away the person's life and freedom. the probable
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cause hearing in the criminal justice system which is a luminary hearing is open. the public sees it. the public sees what's going on and can make decisions in regard to a very important part of the process of prosecution. why is it that our proceedings, we are due process in terms of what's at stake-no one way for freedom is at stake-the worst at stake is there some sort of ethical type of sanction may be a fine or whenever-why is it in your view, do we have to give that level of due process to someone who a complaint has been addressed in an epic situation and have a close probable cause hearing? why cannot we do it
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in the open like we do parliamentary hearings in criminal cases? >> i agree with you. i think it's odd they would be closed but i think that's the way our charter has laid out the process. so we are kind of stuck with that aspect of the issue. we could improve the process though for the commission and for the public is by not having the full panel said the probable cause. but by assigning either single commissioner broadside administrative law judge to handle the probable cause hearing confidentially and quickly so that the full panel the commission does not use it twice because essentially you're hearing the same evidence twice at both probable cause and the hearing on the merits. that level of due process is certainly not required by the charter but currently being given. >> so in terms of remedying
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what we both think should be remedied, the answer is a charter change? >> yes. that would be the answer >> thank you >> anyone else? >> mr. chairman, let the record show i want to associate myself with commissioner keane's remarks. i had occasion about your not the one maybe two years ago, were somebody calls me to tell me a long story problem with the ethics commission and referred to this confidential meeting with a commission and i was skeptical and i said, no, that can't be the law. but it is the law. >> so i would just like to encourage staff when you come back with recommendations either at the november or december meeting to think of the best in your best judgment will be the most effective ways to make the process more efficient and more effective
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both for the staff and also for the complainants going forward. that means to commissioner keane's point going back and revising the charter then we like to consider that as well. >> absolutely. november, december for the current discussion is a little soon because we want to engage the public. the process i formulated with w-leeann and -i'm not doing this on my own-is to first start with a series of inches in person meetings with the public entity was publicly and openly engage the public in their ideas and their thoughts on how to change the enforcement process so it works better for everybody. then put pen to paper based on those after pointing those recommendations and ideas to come up with a suggested changes to the regulation. if ordinance or charter changes are necessary than to put those in a separate box that we need to consider before the
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commission. the regulations what the commission can deal with now. once we have the suggested recommendations will we will bring those to the commission to with you and open up eight period public comment for 30 days we can get written about, and on the actual draft language of the regulation. at the conclusion of the public comment period we take another 30 days to incorporate and respond to those comments and then bring the full package of suggested recommendations back to the commission. we just want the process to be as open and public and of all the public as much as possible. >> one more comments. you noted earlier in the comments and also in your memo, that it is a sunshine ordinance or whistleblower complaint that comes in mistake priority over all other clients because it needs to be presented at the next commission meeting. i take that to mean if it came in the week before the commission meeting you would have to
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scramble to conduct all the background were to present it to us at the next meeting. is that correct? >> the regulations give us a little breathing room in circumstances and is as where appropriate or possible because there are notice deadline so we have to give the other parties did it for a week before this commission meeting will be the next appropriate commission meeting. so in this case november. >> i guess my concern would be and without diminishing the importance of those complaints that come in under the sunshine ordinance what is of concern everything also get pushed to the back burner and i think it would contribute also to the backlog. i would love your best thinking in terms of how best to balance those competing priorities. >> absolutely. >> isn't it correct ms. pala, in los angeles the process was you as executive director did
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the probable cause determination and was only after you made a termination that was probable cause that then went to the mission for hearing on the merits >> yet get under the los angeles charter there was a probable cause process was again confidential as it is here and wait unless waived by the respondent. so the probable cause determination hearings were held at the staff level. they were confidential and then based on that process was a 30 day time period for issuing a probable cause determination which was written it came out under my analysis in my signature. the rover 400 cases during my tenure as executive director there. then if probable cause was determined, found, then an accusation was issued publicly according to the rule and then went to the ethics commission for public hearing. the hearing on the merits at that point >> so, as you understand the
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charter is there any reason why we can't go that way without a charter change? >> i have to take a closer look at our charter. i think the two issues raised in your discussion is a degree of confidentiality the commission desires for that process and separately the notion of two bites at the same panel in essence. is there way to separate out the due process so that there is one step for probable cause process and then a separate process and independent process for hearing on the merits >> it would seem that is more consistent with due process than to have the body who is going to be the making a determination as to whether there's a violation be the one that also looks at the evidence and without any public knowledge and makes a determination. >> i think that's a proposal that would be very helpful to take a close look at. i think
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that is something worthy of our focus on discussion. >> all right. any of the comments by the commission? any public comment? >> i just have one question. this law, all those kinds of items can only be dismissed by the commission. is that accurate? no. the executive director can dismiss those items as well as a preliminary review? >> under the example in los angeles i was describing the executive director had authority to determine whether or not probable cause >> how about now? >> no. >> you have 84 pulmonary review. you've got a log that's confidential. items on that log , who can dismiss those? only
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the commission >> yes, that only the commission. >> that's my question. thank you. >> barry bush speaking as an individual. the civil grand jury report on ethics we put out in june of 2014 look at number of these issues. as you have just discussed we quickly learn when we focus only on the ethics commission we do not have a very complete picture. we had to look down on the city attorney and district attorney and all the other arms of government involved in ethics policy and enforcement. one of the things that i did separately when i was doing city report was put in a request to the dist. atty. in the city
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attorney and ethics for how many cases have been referred from ethics over to the city attorney into the district budget. just the number. you could not get actual ticket when i discovered the district attorney had no record of any referral. they simply were not keeping track of them. i assume they had referrals because the were some indication ethics at some things over but they just disappeared. so earlier i heard the commissioners discussing the fact that these referrals went to other agencies but then did not come back to the ethics commission and ugly was commissioner keane who is the point couldn't there be a deadline at which point the commission can either take it back or else do a parallel investigation. i think that's something that's only worth consideration especially since you have a more robust approach with staff know. thank you. >> thank you. >> i got 90 days in my- >> commissioners, san
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francisco (it. i've been coming to these hearings for about eight years. i'm a member of mensa and i read all the documents attached to the agenda every page every word. sometimes several times because it's hard to understand. i would like to complement ms. bloom-is a balloon? this and most coherent cogent understandable comprehensive document i've ever read presented to this ethics commission. i would also like to complement of her on the fact that the sunshine ordinance got a full-page which is something that typically never happens. it would get to or three lines while everything else got very thorough treatment. i particularly was amazed and heartened by the fact that her public comment was the fact that she said we are to give more deference to the findings of the sunshine ordinance passport. the reason
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i say that as i've said before about 27 orders of determination but that's over nine years is about three years and every one of those years there were 30-40 orders issued by the task force and not one of them in all these years has ever been enforced. only one was even attempted to be enforced. so it's all well and good to keep looking at the procedures and policies etc. but at the end if push comes to shove and you think findings you can enforce them it's really kind of a useless effort. the only one that everyone was the president of the lottery commission they watched a video of her-the actual event. they voted unanimously that she violated the rights of a member of the public to make public comment. they recommended the mayor unanimously that she be removed for conduct unbecoming and the mayor ignored it. a year later it was in the newspaper and we
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got them to send another letter and they ignored that. so basically unless you can find some mechanism to enforce your orders it's really kind of odd to have the hearings in the first place. i've said it before and i'll say that in sarcastic ways because i didn't know how to get across to people but if you're going to have hearings make determinations but you can enforce them that just hurts your own credibility. that's something i try to say politely for several years just got so frustrated and angry by the fact that everybody seem to think i was just coming out of left field with some bizarre notion. the task force works very hard. they sure a lot of hearings in the issue orders of determination probably about 1/10 case. but when they do they honestly do a very good job at doing the facts and the chairman is usually right good
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referral letters and i give them credit for that. >> thank you. >> dr. jared kurt whistleblower. it's not enough to talk about resources and regulations and improving investigations particularly of whistleblower claims.. you also have to address a political milieu, a mindset that affects the staff and the commission. whistleblowers represent a threat because they break ranks with the city family. you are part of the city family. you know many of these officials. you empathize with him. you are affiliated with them. so it is scary, or introduces some fears, when you have to deal with an accusation of wrongdoing
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by a fellow city official. potentially, for the staff they have to worry about what will happen to them if they find in favor of a whistleblower. this is a problem in all whistleblower programs, not just here. so i hope the staff will address implicit bias against whistleblowers and feared for their own careers if they pursue a case. these are real things and you really should address them. thank you very much >> thank you. >> i want to say that in my 19 years, almost 20,following
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ethics meetings this is been the most robust discussion we had on the enforcement program. i see light bulbs going up-going off all over the room on how we can get ourselves in a much better position to represent the public interest. because i think we have not been , and there is a growing period as bodies like this form it takes 10 years to get underway but were now over 20 and were so finding our way. but i want to just say to the new commissioner particularly, that the shocker to me is the fact that our deputy director, who adjusted our analysis has only just been here six weeks-two months. i am personally awed. so her training and intelligence is becoming. i did
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want to ask a question that is, on staff appointments, when do you see those appointments coming for the two new investigators? roughly what time frames. i know you talk about advertising them but i'm concerned, two, one of the propositions on the ballot may actually fail in the city may not have revenue and consequently there may be a freezing of hiring. that could occur obviously within a couple of weeks or within the month after the mayors see the results of the election. >> thank you. you want to answer his question? >> yes. we have two positions were open to post this. the senior investigator legal analyst position. they're both civil service positions that process is fairly lengthy. i would assume if all goes well we would hope to have somebody on board at the end of the calendar year. most likely
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beginning of january. >> all right. turning to agenda items six, executive directors report. ms. halim >> of those good enough for the second directors reported a one and take a moment today to introduce to you our executive fellow joined us from the hughes corp. program out of the mayors office.--is our net you a second file advisor to injuries herself from him. she's working with us on many of the topics on the front of your mind making sure wheezing technology and the smartest way possible to provide compliance assistance and guidance but i want to take a moment to intersperse to you. >> conducted. my name is--as mentioned the executive fellow with the ethics commission. i'm very excited to be here and need everybody in person. justice a little bit about myself my background is in
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software development and technology operations both in the private sector for 10 years. i'll be working with the ethics commission staff to look for ways to gather organize and disseminate information on our website and other channels to make it easier for the public to find it right now i'm focused on learning about the responsible december functions and the systems within the organization. in the upcoming week so we work with the team closely to identify where i can help with. i'm also looking for to working with all of the stakeholders at large in the up coming year to really work on these efforts. some glad to be here. thank you could >> thank you and welcome. >> i'm sure you look for to having one on one conversations
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with her as well as others who are involved in working commotion get one last note but important when we do have two positions under recruitment. there posed at the city and county jobs page at the department of human resources website. for a senior policy analyst and 48 education and compliance management assistant. both of those sessions are exempt in the deadlines are coming up by the first week of november. so we've encouraged folks we got the word out probably were hoping to move that process along a bit more expeditious. i look forward to keeping you informed about that process. happy to take any questions if you have them. >> does anyone have any question? public comment? >> one quick question. so that is to investigators and educational specialist or out reach and information-no, there's a policy analyst but there's an educator? >> the senior policy analyst and policy analyst again about
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role in doing education as well as running- >> i see. there's four positions you're hoping to hire by the end of the you. >> yes, i am hoping to higher by the end of the year >> i am and in awe as you are with your deputy executives report. thank you. >> any other public comment? >> good afternoon commission give members of the public money ms.-and i were touring party of san francisco. i can to speak on another matter but at some tangential questions that executive director. i also want to know when is the time to raise the issues not specifically on the agenda? i noticed a copy of my letter to the commission was here provided for the public. however i do want to point out the letter is apparently missing a page. this part of
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the letter and the cover letter but the other is missing a lease from the copy i picked up. also i go by start child not mr. starr told >> if you want to speak about a matter not on the agenda the last item on the calendar gives you an opportunity to do it. you could've done it at the beginning but when we reached the last one i'll call for public comment. items either on or not on >> thank you good i did have a couple questions for the executive director though. when i filed my complaint i wasn't told by staff what the procedure was to get something placed on the agenda. as a result i made the request apparently too late for the item to be placed on the agenda for this meeting. i'm wondering what the protocols are there for staff to inform members, whistleblowers, bringing for the complaint, but the rights
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and opportunities under the law gather information presented? >> the matter of course is there's a matter that comes to us that that is a complaint it's not something we handle the commission's agenda until such time it comes to us were discussing the last item is a probable cause matter where hearing on the matter. simply by filing a complaint with the ethics commission that does not place it on the public agenda for the commission. if we are provided with information that we do not understand to be a complaint the point of information, again that something we would take under advisement and look to see if there was a need to pursue an investigation but as a matter of course information brought to us is not automatically placed on the commission's agenda. >> i guess my concern would be with that process the numbers of the public with myself for not familiar with the proceedings what i was bringing forward in my mind was complaint
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but i wasn't told that it had to be worded in some specific fashion in order to be recognized as you. also when i dropped off a hard copy under the door of the ethics commission office--by the time i got over there from city hall after having to go to the security, they keep getting more and more adverse to the fourth amendment around here-but by the time i got over there your office was closed. i put the letter under the door, hardcopy, but when i followed up by phone a day or two later i was told they never received perhaps the gender might have thrown it out. which kind of was disturbing to me. things that are placed clearly copied to the ethics commission may not be reaching the commission depending on how they're delivered. but no time during the follow-up conversation cycled back-the lady on her
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staff i don't recall immediately but i wasn't told procedures to get some input on the agenda or had to be worded in a certain fashion in order to the recognizes a complaint and to start the wheels in motion. >> i don't think it's germane to the subject matter of this particular report and we will take it up at the end of the meeting. >> i guess my understanding was that when official like the executive director gives a report that it's proper and germane to ask her russians even if it wasn't in the specific subject of report but falls under her job duties could would that be incorrect to? >> i'm happy to answer the question. in terms of your concern about whether information gets to the staff and whether were giving information to public correctly but the process, we are happy to take that feedback and make
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sure we've got all of our information straight in the office so there is in confusion about the prospect we certainly would not want that >> thank you. i will be held. also the attached photograph which wasn't included in this divided publicly provided to the public and be put in the record of the proceedings and made available in hard copy at the next ethics commission meeting. >> thank you. i will take a 10 min. recess before we go to item number seven. coming back at 3:15 pm. i'm sorry. >> commissioners san francisco (the. governments. when president clinton-i'm getting ahead of myself when secretary of state clinton took her job she wanted to do a reset with russia. that was at the direction of the president obama. i would like to take this opportunity to propose a reset with the ethics commission. i've been coming here for 8.5 years now. the
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treatment i've received and watched other members of the public receive was i thought beyond the pale in many case. after eight while when you ask questions and get the responses were few get response it's a denigrating or insulting or demeaning response. you have a tendency to kind of look asking and at everything. the executive director obviously hired ms. blume referred several members of the public give her life habits for her performance in this particular issue. you heard another member of the public say that the last meeting and this meeting of the first serious discussion that he had overheard in his time coming to the ethics commission regarding some of these issues like open government and transparency. so obviously there is a movement in the right direction and i would like to take this opportunity to say please understand my
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prior comments were in some cases very well tempered by the years of bad actions. now given that, would like to say i still was very concerned about the fact that it put into complaints under the sunshine ordinance and both of those i was denied a hearing. one of the things that the sunshine ordinance requires, it basically says and 6734, in willful violation is any duty member of the public and elected official and so forth fails to do which is their responsibility under the law is a misdemeanor. in the case of mark farrell supervisor farrell refused to answer and idr. he got a complaint and refused to knowledge of the complaint.
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that hearing. he refused to scuttle the hearing they issued an order of determinative he refused to answer the order of determination and finally well into compliance and amendment descent very terse memo saying we have no responsive documents that was nine months after the idr. he out when a public official so blatantly violates the responsibilities under the law i think it's something worth this party hearing. i am still upset by the fact that it was denied a hearing. >> thank you. now we will take a break until proximally 3:16 pm. thank you. >> consideration in mark farrell for district 2 supervisor in 2010 at all
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versus the city and county of san francisco. per $25,000 payment by supervisor farrell and mutual release of legal claims. this item-you been working on this matter. do you want to bring up just where the matter stands for the commissions consideration and then we will go to the question of a closed session for some further elaboration from you? >> sure. since this matter was last before the commission there's been a number of developments that i want to discuss the very briefly. first, supervisor farrell filed a lawsuit against the city seeking a court declaration of forfeiture demand was improper.
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the city filed a counter suit seeking a declaration that was proper and seeking for forfeiture of the amount. after the city filed its lawsuit supervisor farrell filed an anti-flab suit arguing our case arises out of protected first amendment activity and the law says if the gays arises out of protected first amendment activity than the plaintiff must show a likelihood of success on the merits at the very early stages of the litigation. so supervisor farrell argued because there's a road out of his protected activity is his campaign we had to show the likelihood of success and were unable to do so because of the four-year statute of limitations on such actions had already run. we filed an opposition to that notion. our first argument in that opposition was that visibility slap motion does not apply to our case because when the city brings an action is a
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public prosecutor bnt slap motion is inapplicable. unfortunately, when we boldly reefed the case in charlotte before it was scheduled to be heard by the court the california supreme court ruled that the anti-flab statute does apply in such circumstances. if we lose that anti-flab motion the result of that would be our case would be dismissed in the city could potentially be required to pay supervisor farrell attorneys fees. accordingly and simultaneously were working on the briefing and litigation in this regard and at the commissions request, we continued working to see there was an avenue to resolve the matter out of court. working at the chairman's direction with the chairman renne and following many hours of discussions with supervisor farrell counsel we have proposed settlement agreement to resolve this matter. we have
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previously advised all of you about the issues and the potential risks of this case and ultimately committed to her decision whether to settle but this settlement represents the best settlement that we could negotiate on behalf of the city in light of the circumstances and the issues that we have addressed with you in the past. if the case is not settle the anti-flab motion is currently scheduled to be heard by the court on november 3. we are prepared to litigate that but as i mentioned, if that motion is unsuccessful on our side in our case will be over and we will be at risk of being charged with attorneys fees. we are prepared today to give additional guidance in analysis on this settlement agreement and the legal issues presented by the case that we previously discussed with you in closed session today. >> guerra motion we go to closed session?
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>> all seconds >> but me ask a way or another will take public comment, correct? >> absolutely. one way or the other we may, during that we go into closed session agreed to reveal everything that we've done in closed session. that's one of her options as well. a discussion relating to it >> i support that. >> any public comment on our decision to go into closed session? >> members of the commission san francisco open government. this has dragged on literally for years. i think this is the first on the we've heard
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anything of substance about where this case is at this point. i understand the logic. in fact i was just mentioning that to someone another member of the public and the fact there probably if you lose the case the cities can be stocked for the attorneys fees which is better than what you can get. i want to complement commissioner keane and the fact this is the first on during all the discussions held in this manner that any sort of an indication has been given to the public that they would get some information about how we reach this point. i think that is one of the most frustrating points for the public is you see things going on and with much that's going on in the government right now, the government really isn't trusted by a lot of people. unfortunately donald trump i
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think is getting as many votes as these getting simply because people would rather deal with anything rather than what they presently have. so i would encourage i understand the legal necessity for going into closed session but i also want to say that i believe in i may be wrong, and maybe your expirations after if there are any, will do that well but i really do believe that this all will probably in the end come back to the responsibility of the former executive director mr. john st. croix whose direction of the excavation staff literally for years seem to be one of, don't keep people from committing ethical violations. simply find ways of getting them off the hook when they do. that unfortunately has resulted a lot of people getting away with a lot of things. the public seeing it enough to why we look at things like--[inaudible] and start to
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get the impression that the only way the city is going to take any action against its own is if the feds come in monday fbi comes in, the attorney general comes in, and that's what we are seeing now with the bunglers in the mayor's office being taken to jail. that's what we saw with the state sen. leland yee. the only reason he was held accountable because people from the outside came in. there really does diminish not only the expectation of the public but the credibility of anybody that is doing with ethics issues because the question is always, well, we know what they did. it looks on the face of it just horrendous and they never come out and say ,, let's disclose. i have been believe me i been going to these public meetings here in san francisco for nine years and i've never seen anybody disclose. >> thank you. >>[inaudible]
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>> mr. chairman, without going into any of the legal >> before you any other public comment? >> dr. derek kerr again. in this case the ethics commission took a standagainst the impunity of big money in political campaigns. you could've back down for a number of reasons. your former a second director remains inert and kept you in the dark during
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a four-year spc investigation at the city attorney's office thought this case.under pressure from the sutton law firm and the city attorney mr. st. croix caved. then you are seeking a budget increase before the budget and finance committee that is chaired by supervisor farrell. and supervisor farrell refused to appear before you, calling it a waste of time. so in view of these factors i think that the ethics commission performed courageously and honorably. small as it is the $25,000 settlement proposal represents an advance for this commission and for campaign ethics. thank you very much >> thank you. any other public
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comment? >> start child again with the libertarian party of san francisco. i agree with the previous gentleman who spoke in favor of discussing this openly. unless there are specific things you legally prohibited from discussing openly i think openness is always the best policy and i know nothing about the particular case in question so i don't have a horse in the fight for all you know maybe mark farrell has a legitimate case. maybe he doesn't. i don't know but whatever the truth is the truth is better served by discussing it out in public and is much as possible. if you feel you can't do that i would recommend a couple of steps. first, identifying very narrowly and specifically the things we do need to be discussed secretly and
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discussing everything else out in the open. second, putting a sunset clause on the secrecy so that it's not in perpetuity but it automatically becomes public after a certain date. say after the lawsuit is out of the courts and settled or after certain length of time, etc. you can craft language if you wanted. my other suggestion is to if you are going into closed session for non-certain amount of time if you can't tell the public in advance how long you're going to be the private meeting, then a public comment first so those of us who wish to comment afterwards don't have to wait around for an indefinite period of time while you're doing this secret meeting. but i would urge you to consider the possibility of not having a secret meeting especially that would result in appearance before your commission and open public discussion of things that won't
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happen otherwise as the previous speakers seem to be suggestion would be the case. thank you. >> thank you. any other comments? >> charles marsteller again. i want to say that i'm not an attorney and i'm glad most of you are. on a matter like this. i do, however, question whether this issue is right and i guess i mean that more literally were liberally in the legal sense. i realize it's right because it's before you but on the other hand, i would say how many of you have read the f ppc investigative report and understand the implications as it applies to this settlement or to this case here in san francisco because i see and others have seen aspects of
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that report that indicate possible issues that should be raised with the dist. atty. or become a matter of criminal law. as i say, though i'm not an attorney but it seems to me that it bears on this case and i think if you have the latitude that question should be raised in your deliberations. i don't know if you're making strictly decisions based on the factual record or you can go back and look at the f ppc report but if you have to do that, my guess is you want to read it thoroughly and understand the implied portions of it that indicate possible criminal intent or criminal violation and as a result that might delay their decision today. >> any other public comment?
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hearing none, i will call the question. i'm sorry. >> charles bill henderson held that. i just like to ask a question of you in if you go into closed session you intend to come out and to liberate the matter in the public? because i would like to at least have an opportunity to comment on that.. i know you the right to go to close session to discuss legal matters but the city attorney may want to >> that'll be a subject matter when were closed session deciding what disclosures we wish to make as to the decision and the reasons for the decision. >> well it's uncertain as to whether you're going to make a decision in closed session then let me just briefly comment. i have appeared before you today on this matter. our view the
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farrell concerned citizens matter was one of the greatest frauds on san francisco voters in recent history. forest was able to essentially double the amount of contribution limited money that he used for campaign purposes in a very close election the outcome of which may well have been affected by that substantial amount of money. you commendably, in my view, took the bit and made a decision to go forward with the forfeiture action in july and it was quite a bit of presentation before you about number of issues including the statute of limitations issue and the fraudulent concealment exception to that. i'm
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applicable labor that because i briefed it extensively and discussed it extensively. insert questions of commissioners during public comment but you now have a settlement before good i understand the concerns about potential liability in such circumstances but i think that the important thing to bear in mind the commendable action that you did take in july is that there is a public issue here as well. what kind of signal is sent by the settlement? what is the respondent in this case, the supervisor going to be held responsible in a way that he acknowledges.. one of the things that was troublesome about the f ppc matter which i discussed with you, i give them two cheers for entering into it but mr. farrell agent was permitted to essentially, admit
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liability before the af ppc. mr. farrell was not acquired by the f ppc to make any sign on the dotted line on that settlement admitting any liability and self. as a result of that and comments made to the f ppc they have ceased allowing that to occur. so a candidate in the case of a situation where a controlled committee violation is found is required to sign the stipulation is so let me just conclude with that. i think the important thing regardless of where you go on this in terms of the fine, which is not substantial in relation to the total amount of the forfeiture is the personal liability for the assumption of personal responsibility for. >> thank you.
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>> mr. chairman, before we-we have already voted >> no, we have not voted. >> will it doesn't matter >> i will call the question. >> well something comes to me. one of the speakers raises the question, even an implication that this commission is somehow influenced by mr. farrell vote in what committee and then on the full board of supervisors floor to approve the requested budget. let the record show that i wrote the city, i think with the city attorney or maybe it was mr. farrell directly, a letter to manning that he recuse himself from voting in the committee could what committee is it? is it the
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budget committee? yes, i think of was to him demanding he recuse. because there was speculation that he would punish the commission for having the gall to engage in litigation with a cross-complaint against him. in any event the rest of the record is clear that he voted for the budget there in the budget committee voted for at the board of supervisors, but i can't imagine any member of the commission, or, its executive director, or other members of the staff being influenced by that series of events. >> i will call the question. ongoing to close session, all those in favor say, aye >>[chorus of ayes] opposed? unanimous. we'll go into closed session. i can only guess when we will come back into open
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session. i would expect a half-hour at a minimum and probably longer. >>[gavel] >> we will reconvene in open session on the first item for discussion is whether or not the commission should disclose the closed session deliberation. do i hear a motion in that regard? >> i move we disclose the closed session spews second >> any discussions you want? i will call the vote. all in favor all those in favor say,
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aye opposed? >>[chorus of ayes] opposed?. carried unanimously could i guess is chairman i will start off with saying that the commission voted 3-2 in favor of accepting the settlement. i would like to just spend a few minutes explaining why i supported the settlement and so that the public can understand the reasoning and how i came to the position of supporting it. as you may recall when this matter was first sent to the treasurer's office for collection the commission authorized me to see whether or not there was a way in which it could be resolved short of litigation. the mediation was
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set up with judge warren as a mediator and i was there as the representative of the commission with the understanding that i didn't have any authority to enter into a settlement. i was there only to state the commissions position and said that it was essentially we had to have two things. we had to have a admission of responsibility by mr. farrell for the wrongdoing of the committee and we needed a significant payment of a fine. didn't specify what the dollar amount could be but those were
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the two elements. in the course of the mediation and because mediations are confidential, i can go into it, mr. farrell came with a proposed settlement although the terms of the settlement agreement and what terms were going to be agreed to and not been finalized came with an offer to settle which i took back to the commission and it was rejected. as inadequate in amount.when i convey that information to mr. farrell yet to come up with some much more
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substantial amount then he was talking about that if he was going to get us to enter into a settlement, the next day they filed suit. attacking the legal position and the procedural position that the commission had taken in trying to enforce the forfeiture. we, then, filed an answer and then filed a cross-complaint in which we rejected his claims that--and we were seeking the total amount of the work that sure some. he filed a answer to that and in his filings, and he
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filed all of them under oath. in other words it was not the attorneys filing but he swore under oath to the truth of the documents and in those-in that complaint, that he filed, he swore under oath that he knew nothing about the creation of the commission, of the committee, that he had no knowledge of his agents activities and files i can then they subsequently filed with the ent slap motion with the court which was scheduled to be heard i guess about a month and a half ago because this is statutory period of how much time you have unless the
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parties agree to extend it. meanwhile the city attorney's office was working hard to see whether or not she could get some kind of a settlement particularly in the face of a slap motion which if we were to not prevail we would be-the city would be obligated for what we assumed were very substantial legal fees. the city attorney's office, sarah did a yeoman's job trying to get the psalms up, trying to get the language in the agreement as to his accepting responsibility and eventually was able to get him to the $25,000 which was in the settlement that i approved, that i agreed to, which i think
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was a very significant amount of money and i think sends a very strong message. when this matter was first sent to the treasurer with instructions to proceed to collect i always had troubles procedurally what it happened procedurally, and also substantively. as to whether or not we were going to prevail but i think we all felt, what is the choice. we are going to try and enforce it and see what happens. but with the exception of commissioner kopp on probably the oldest lawyer in this room and the longest period of being a trial lawyer.
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spent my whole life trying cases in this courthouse and in courthouses around the country and understand the vagaries of litigation. it was my judgment,, based upon sarah's analysis of the case, that a settlement was in our best interests and the best interests of the citizens of san francisco. i know that some of the other commissioners don't feel that we got as clear a statement of responsibility in the settlement agreement but i am convinced we got a strong a statement eight we could get
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where he said here colleges is the ultimate responsibility for the wrongful acts of mark farrell for district number two supervisor 2010 committee and its agents. so that it's not a question, i do not do anything. he is admitting he has a responsibility to keep his agents abiding by the law. so, on balance, i think it's a good disposition. any other commissioners want to weigh in? commissioner kane >> i would have voted for the $25,000 settlement good mainly because i was convinced by our attorneys, sarah, who did an amazing job and king added that she and i argued for hours and
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hours over a number of weekends in regards to her conclusions of bruce's mind that ultimately the case would be lost on the statute of limitations, not on the merits. that we would never get to the merits of whether or not mark farrell did indeed intentionally the liberally and fraudulently set up, be it be involved in the coordination of this committee with his own committee. which is one of the most egregious things that a modern politician can do in regard to campaign contributions in terms of fraudulently wandering campaign contributions. i still believe he did that. but i don't believe we would have gotten there because of the statute of limitations. i believe that if
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we had the merits would be decided clearly on-mainly on the fact that $200,000, which was almost the entire amount that committee spent, was brought from to individual , to socially prominent individuals, tom coates, [inaudible] both friends of mark farrell both with him been with him at an event the night before they wrote the checks. and the f ppc never even interviewed these people. when they gave their judgment they just found that once chris lee this little
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lackey of farrell fell on his sword and said i did it all, that was enough and under the law that is not because he's ultimately responsible for the actions of his agents if they are using another committee to go mingle combing go. that was the end of the f ppc. def ppc never made a finding that farrell was not involved in this combing the lien activity. that is simply an untruth. they just stuck with the whole idea we've got the case made. because of chris lee. so again i was ready to vote for the settlement of the $25,000 settlement reluctantly except for the language that farrell lawyer just tenaciously
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insisted be in the recycle recycle a of the settlement. which talks about, as our chairman said, he does admit that farrell acknowledges he has the ultimate responsibility for the wrongful acts, but that it also says he was not aware of mr. lee's actions and that the ethics commission concurs with the f ppc's conclusion. the f ppc and did not conclude that it we should not concur with that because that is simply false. if we could get to a trial on the merits any lawyer worth their salt could have proven that was false and that farrell was up to his neck in regard to this fraudulent
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illegal campaign contribution that he was getting from this committee that had been set up at a been financed by his rich friends. the last thing i want to talk about is in regard to the fact as to how we got to this point to begin with. that is, the ethics commission as a commission bears tremendous responsibility for this. the responsibility, all of it falls on the former executive director of the attics commission, john st. croix who was clearly totally incompetent in allowing the statute of limitations to run or even marginally corrupt by going along with the whole idea of not pursuing it until it did run. and that is the result of
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that, which is, by the way, the reason in croix is no longer with us, that's the underlying reason, he is not here. and decided to retire because otherwise he was going -he knew he was good to get the fire that's coming in regard to this. he got it at the time in closed session when it was brought to us by the city attorney that looked like the statute of limitations had run and city attorney dennis herrera nothing out of school in terms of closed session he was furious did the city attorney's office bears no responsibility for this. he was furious at farrell, excuse me, at st. croix, too. so we are here because we had for many years a director who did not
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serve the people of san francisco who did not do his job and allowed probably the most egregious act of a politician in terms of money laundering and campaign contributions to take place in san francisco's history. and pretty much got away with. he did not get away with it. we got a statement of responsibility but the weasel language and that statement of responsibility is going to be spun tomorrow by mr. sutton and by mr. farrell as, see, the ethics commission of greece i had nothing to do with it. that's not true. also, the last thing that should be commented about is that mr. farrell and elected supervisor of the city and county of san francisco has never had the political will or courage or integrity to come before this commission this
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ethics commission command look us in the face and address it and say the things that his lawyer has negotiated for. [inaudible] mr. sutton did a hell of a job and i hope is getting a hell of a fee. at least that will help as well. in terms of-but mark farrell has a lot to be ashamed of. the voters in the city and county of san francisco should know that and they should not accept any kind of spin that is can i put on it now. that it's over. even the ethics commission they agreed, i do not have anything to do with this. he did. >> i would be recognize. i adopt all the statements commissioner keane has just
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made. he is been a member of this commission much longer than i and during the period in which this litigation was generated. i want it clear that it is not my conclusion that mark farrell did not authorize the actions of his former campaign consultant with respect to common sense of voters. i note that mr. farrell attorney has departed, which indicates some of the same disdain for the ethics commission, which his client
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demonstrated with her remarks to the effect of not appearing at the ethics commission because it was a waste of time. there are certainly not a current user trite word, legal issues and the pending litigation. as a footnote, i am exercised by the fact that i was in the california state senate and was a supporter of the then president oh tim bill lockyer who was the author of the strategic lawsuit against public policy statute which has been invoked in the pending motion to dismiss the ethics commissions cross-complaint. i
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can state that that legislation was never meant to apply to a city and county attempting to enforce laws against cheating in election campaigns. as commissioner keane noted in different words, this is a case a stoop on it prior city employees malpractice. if he was in private employment he would be the subject of a lawsuit for damages himself. like commissioner keane i would probably accept the $25,000
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compromised payment could i will not, however, accept the recitals, unnecessary and a settlement agreement, recitals that were, of course, a result of a practice of the city attorney's office of which i had no prior knowledge of including recitals in the settlement agreement. the settlement agreement can be on one page. there is a dispute between you and me. and i am paying you $25,000 of so you will dismiss your suit against me and release me from any claims and i will releasing you from any claims against me. these recitals are intended with the unfortunate custom and
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practice of the city attorney's office for mr. farrell to escape public opprobrium first cheating conduct. in any event, i am pleased mr. chairman, that the commission adopt that on motion a policy of permitting each commissioner to express his or her views on the reason for his or her vote. that is important as citizens have pointed out today and i suspect that almost everything said in the closed session is being said in public and in this particular session itself. it
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is sad and, it saddens me, to see a teacher get away with recitals that will be used with a public and with them media that doesn't pay as close attention to the nuances of this litigation as the members of the commission do. thank you mr. chairman >> commissioner hayon >> as a citizen and voter of san francisco and the only non-lawyer on this panel, i respect all of the legal opinions of my esteemed colleagues. they are right. but the bottom line is this for the citizens of san francisco. supervisor farrell has taken responsibility for soliciting an illegal contribution and he's going to pay a fine. not
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as much as we would've liked but at least it's $25,000 that will be returned to the voters of san francisco for the illegal contribution that was made to his campaign by individuals during his campaign. so i think the voters can feel satisfied with that and we hope that in the future we will take such complaints and deal with them quickly and appropriately so that we don't have something that hangs over the ethics commission and over the citizens of san francisco for an unduly long period of time. so i am satisfied with the outcome and just remember, he has taken responsibility and he is paying a major fine. >> commissioner chiu >> i like to echo commissioner
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jan kings and renne's, script given that postures of this case in the difficulty in proceeding that we got from supervisor farrell a statement of responsibility. ultimately he did not direct the formation of the commission. he said he does acknowledge and accept responsibility for the acts of his agents and to me that was very important for him to put that in writing. then, second, in terms of the amount of the fine i think we'd all like to be more than what it is but it's also real market is $25,000. it's more than what he had originally offered to pay and i think that is a success. i would concur with commissioner hayon that money is rightfully going back to the citizens of san francisco and that we will have a different
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executive director and staff team and also in the event there are future violations of campaign law we will act much more expeditiously and effectively been addressing them. >> thank you. let me just say in response to commissioner keane's statements saying the f ppc did not make a finding, the specific language of the decision and order of the f ppc with the evidence supports the findings that mark farrell did not authorize lee to coordinate with the sparrow and that is the language that was in the recycle taken from the f ppc. in all the sworn documents
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filed by supervisor farrell he denied any knowledge and the commission, one of the things important, the commission had no evidence to counter his denial. it's nice to make accusations about his criminal activity but we had no evidence to support that. absolutely none. the only evidence was we had was his sworn statement under penalty of perjury that he had nothing to do with it and we did not make a finding that he did. we simply said we concur with the statement that the ftp see made. so there are been i've got to say, from my point of view this and a lot of accusations made against supervisor farrell that there is no evidence before the commission that would support
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it. i guess you can tell from the statements that of inmate who the three support who supported the settlement and the two who dissented from it. i don't think i'm required, am i, to a public comment on this spirit we had public comment before >> commissioner kopp >> do we vote on the record >> no. what commissioner renne re: didn't it was reported on the closed session what the vote was. it was 3-2 commissioner kopp and renne dissenting >> turning to item 8, we had public, the on this item. we had this public comment on this item and i been advised by the city attorney that we only have one need for one comment on an
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item but i'm willing to disregard his instructions and i'll take public comments. >> respectfully i think the will, and we had weathers to vote on closed session not the settlement itself. i would like to point out that what the f ppc said there was no evidence to connect him to mr. lee. there no discussion about mr. nilsson who is the principal person in the case. mr. howson was also by the affidavit was provided to the f ppc which i provided to the commission direct supervisor mr. farrell during this project done. that certainly does not visit be an arms distance kind of relationship. there's nothing in the record that says that mr. farrell and mr. hilton were not involved together in collusion with this did i would also like to make sure the record is very clear that the result of this financing of the
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independent expenditure with the election of mr. farrell two office. he won by a few hundred votes. this was not simply money-laundering. this was stealing office. that's what he ended up doing and by allowing him to do this in absentia through his attorney instead of standing up in front of this commission where everybody in the city could see them on the camera, you have allowed this to be under wraps to the extent that i hope in the future you decide as a commission that in such cases the person who's being charged must appear before the commission and take responsibility personally and not just in a signed statement submitted by an attorney. >> thank you.
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>> for the record on charles marsteller. i will be brief. i would say i concur with everything mr. bush has said. since were in that mode. i also want to say that i think while mr. singh croix screwed up, clearly the commission itself could not provide as much proactive and concurrent oversight as it needed to. we are all thrilled to see this is changing. i am want to assure the public that i think we are all now on the right track finally after 21 years or so of this existence of this agency that we are finally starting to smell the coffee. now i would say in specifics of this case like the wind that sweet case, there is much to be learned from this mistake and we need
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to scrub both of those things come up both cases, to see where we could improve process goes after all, former head of common cause in san francisco that is my greatest concern is the integrity of the process, the process which here as in the sweet case had failed. it had failed our public trust on public financing in the suite of matter and in this case on a her rent this stealing of an election. i think that if we scrub hard enough were going to find answers about what things we need to do to make sure this type of crap does not come to us again. we have a lot of ideas already. i think but i
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would also say is mr. bush said, i do think that no matter what even in non-criminal matters that elected officials should appear before the body to state for the record what they have done in violating the public trust. i realize what i'm saying but there seems to me they plead the fifth and maybe that's what he would've had to have done but it seems to me that justice was not served in this matter. >> thank you. any other public comment? turning to item 8, agenda item 8, discussion and possible action on items for future meetings. we had the one earlier today. the thing put on the november agenda. any other commissioners have any- >> yes good on the to follow
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it doesn't have to be done with any kind of dispatch with our going forward to get the charter amended in regards to probable cause hearings so that they are no longer done in closed session. or some other change for probable cause the way probable cause is determined to get rid of that secret proceeding that we've had up till now. to determine probable cause. due process does not require its and again it goes against the transparency that we want. so at some point in the future. i leave it to the executive director to maybe think about it and work on it. put something together in proposal for it months down the line but we ought to do it. >> any public comment? on
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that item? >> public comment is on anything come of spirits to see was any new matters on the agenda >> yes. the new matter larry bush front of ethics we were impressed with the calendar agenda items for the next calendar year of 2017. we note early in the year the plan to have a community outreach on issues that are relevant to the ethics commission and our experience working on both proposition t and proposition c before his or the missing piece of stronger outreach to unions in the city as well as to minority organizations. so i would encourage the commission to ask the staff to direct a much more robust effort to contact the unions would have a great deal at issue were these
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matters as well as the minority communities did we do fairly well with the latino community but we do not do very well with the asian community and we do not do well with the african-american community. so i requested that the on your radar. >> thank you. >> good afternoon again commission. members of the public. i'm*child outreach director for the libertarian party of san francisco. i would ask you to face the following item on an agenda for future meetings. i regret only a week happen after the election apparently since you don't have another meeting scheduled between now and the election and it's actually a matter of electioneering that really should be heard sooner but i
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have a photo here for the-the overhead projector >> mr. chairman middeck and shorten. is this your memorandum on the blue fraud and red foot? >> yes. he was the chairman understands it. >> the chairman understands. >>would this lop a little bit. this was published in the san francisco examiner in august of footprints at the polling station in the basement of city hall. as you can see looking at the photos the footprints are red and blue could all the rate for poems are read and left footprints are blue. i wrote a letter about this to the head of the elections department john
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ahrens under excessively try to get him to return my calls in the most and i finally delivered in person and spoken briefly hit knowledge my previous communications and i asked him why he didn't got back to me his response was he didn't think was important. i as i said in the letter, unfortunately there's little to be done now about any eyes impact this might have had on the election results of the primary elected our chief concern these footprints stickers or subtle message to influence voters not be placed in future elections including the upcoming presidential election scheduled for november 8. he said unfortunately in response that they've already purchased the stickers. they were going to put them out again. he was quite dismissive of these concerns but i think it's well known among the public that the color blue has been widely associated with the democrats and the media and
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generally democrats are seen as on the left. if i could've the image shown up again? and the color red associate with the commonly with the republicans being seen as on the right. the caption down near the bottom reads, red and blue footprints direct voters to polling places at san francisco city hall. the problem is always good i don't think was: said unto. i think a subtle message was being sent to voters. this is an election between team letter also and team were brought. the regimental to the republicans and democrats. pick your chicken of course the problem with that is not everybody's in one of what i call the two old cartel parties. there are many thousands of san franciscans
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especially younger voters were banning the cartel and are independent or members of alternative political parties believe these parties as well as those voters are being discriminated against by this display. coming into the building to that check in the basement and the footprints are still out on. however, they did make a change to them. as you can see in the mentoring now here on the screen all the left footprints are blue and the right footprints are rigid now they've redeployed the footprints but impairs others to blue footprints left and right footprint next to each other and then to read up footprints next to each other and to blue ones, to read once. so although they do not show me they were going to make this change and they did not acknowledge any wrongdoing, i think they perhaps sought after we brought this to her attention there was a serious problem. now i drove home is entirely alleviated although it's lessons. the association
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with left, right, red, blue under this new configuration that's no presently in the basement of the floor of city hall is different but there still is the issue of there still using those two colors, red and blue, leading voters to the polling places. i think it is still an issue. the law is as you know bans electioneering near polling places and i note in the document here about in response to the patrols versus -matter the any person has the right to file the complaint with elections commission engage in improper government activity and number four is abusing his or her city position to advance a private interest. i believe that was done in this case could summon up the elections department about stops of course with the head of the department connected this action that
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invents a private interest mainly of the two cartel parties. i would ask you to please investigate >> thank you. >> i would like to point out red and blue are our national colors on the flag. the only thing lacking is white. so i think most people would just see that as patriotic colors used at the voting polls. i don't know how many people would actually view it with a subtlety that you're looking at it but i respect your point of view. it sounds as if the elections department try to alleviate or sponsor your concern in some way. maybe not satisfactorily to you but i just want to comment on that. >> i don't know whether that
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was-i don't think i would call nine but you came additional opportunity for public opportunity on matters appearing or not appearing. you have made your presentation could i have some serious question whether the ethics commission has jurisdiction over that matter. in any case, but is there any other public comment before we adjourn? >> [inaudible] >> public comment on some other matter? >> [inaudible]
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>> you've had your opportunity. i think we understand and the matter is with the staff at this time. do i hear motion to adjourn >> i move we adjourn >> second >> all those in favor say, aye >>[chorus of ayes] adjourned. thank you. >> >>[gavel] >>[adjournment] >> >> >>
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>> good afternoon the meeting will come to order. this is the regularly scheduled meeting of the land use committee my name is supervisor cowen and to my right is supervisor wiener and commissioner peskin your scheshg is clerk victor young at this time, i'd like to take a moment and thank leo and justus from sfgovtv so for assisting us electronic devices. please silence any devices that may sound off during the proceedings. items acted upon today will appear on the september board of supervisors agenda unless otherwise stated. >> thank you very much call item one. >> item now and then ordinance amending the achievement planning code by rising the achievement scoping map to
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rezone olsen street as public and 50 x to usher and 85 x. >> supervisor campos is the achievement sponsor of this item will lead the achievement discussion from this moment forward just said to recognize we'll have presentations from geo0 of planning and ann of the mayor's office of housing supervisor any opening remarks. >> yes. madam chair and colleagues the achievement land use committee for hearing this item we are the very critical time here in the city and county of san francisco especially in neighborhoods like the achievement mission where we have the worse affordability crisis in our history the last number i saw as of february of this year, the afternoon rent for a two bedroom agreement was 4 thousand one and $26
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very few people can afford to pay that amount we many my office have been working over the last 8 years to make sure we have development that is representative of the needs of our community that means especially right now to have development that is affordable i am proud that with respect to this property before this committee that my office working closely with the city with community folks to take the city owned parking lot at the corner of fulsome and 17th street and turn it into a parcel where half of the site will become one hundred 100 percent affordable housing and the achievement other half will be become a new park the first new park in san francisco in more than a decade the purpose of this legislation to cut red tape to make sure that more affordable units are
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built on this site particularly what you have to legislation that rezones the parcel from p to urban mixed use and increases the achievement height from 50 to 85 feet so as to maximize the achievement number of units i constructed on this site approving this rezoning district will piece of the achievement way for construction of within hundred 39 new affordable units in the mission one of several affordable housing projects in the pipeline i'm proud this number of one and 39 apartment for families in transitional youth in this neighborhood the ground floor at the 2060 fulsome will excluding include a purchase infant toddler care by the organizations and a retail use that is intended for a cafe
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the last 100 percent affordable housing site in the mission was completed in 2011 and again, we're sow excited excuse me - about this project i want to thank the achievement development team of the mission economic development and the achievement center for working on this project and also thank all the community-based organizations that will be bringing much needed programs to the spacing (calling names) jamestown and the goorn and as noted by the achievement chair we have a number of speakers here the first thing being gwen 0 from the achievement planning code. >> planning department staff the property ordinance to rise the zoning use and height and
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bulk district maps for fulsome from the achievement determination as public and it's height and bulk of 50 x to urban mixed use and height and bulk determination of '85 tedious e they do e beds that was introduced by supervisor campos so the tublt the subject property and owned by the cities and counties of san francisco currently the project site is developed with a surface parking lot with the achievement vehicle parking spaces this rezoning and height recomplication or clarification to allow for the construction of 9 story 85 foot three-legged stool one and 65 square feet mixed use building on july 28th the planning commission heard the legislative amendment for the achievement reclassification after public
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comment that was overwhelmingly supportive the achievement commission voted 5 to zero for recommending the achievement board of supervisors adapt this proposed ordinance that is before you. >> some of the basis for the recommendation of approval the fact this zoning and height will allow construction of 100 percent in the mission district that was experiencing the issues of gentrification and displacement the rezoning with the enhancing of the city's supply of affordable housing in the mission district neighborhood and additionally the achievement mixed use rezone is appropriate for the achievement site it is consistent with the achievement zoning district found in the immediate neighborhood thank you, supervisors that concludes my presentation. >> thank you, colleagues unless any questions i'd like to
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call upon shannon the achievement chinatown development center which is one of the two affordable housing developers that have been working on this project. >> good afternoon chair cohen and supervisors pleased to be before you today to present this major affordable housing project chinatown cdc was niefld to be co-dispensaries we have submitted entitlement application for one and 39 that may be fewer but we're having all units affordable to household with 60 of medium area income and most been 2 and three bedrooms and about 20 percent of the apartment will be preserved for transition youth existing
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foster care or homelessness including some that will be reserved for parents the achievement height and bulk is essential for the achievement special site next to a park i wanted to show an image or two of the project our architect team of solomon along with mission district have really developed a great project design and we are very happy to say with 3 community meetings and extensive community outreach we have not had opposition but great feedback from neighbors and continue to tax the achievement comments take into consideration from the achievement neighbors and public i'll be available to answer any questions about the achievement project thank you. >> thank you, ms. dodge next
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it ann ramos of the mayor's office of housing. >> good afternoon chair cohen and members of the board i'm ann project sponsor at the mayor's office of housing i like to indicate our departments strong support on 20 fulsome street as you've heard cdc have owned the achievement city with rec and park that purposed the parcel to develop the achievement park and meta was select to develop the site in 2015 in response for the achievement high quality project for 20 percent of units targeted to homeless with transitional youth the lp has an option to enter into a long term lease we firmly believe that is ideal for
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families housing and have a preamount loan in my mind of $2 million and in the range of $21 million so thank you for your consideration. >> thank you, again thank you to the mayor's office of housing for all the achievement work that has gone into this project colleagues unless you have any questions i would a number of speakers i'll call their names (calling names). >> please come on up. >> (speaking foreign language.) >> state your name
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>> (speaking foreign language.) >> good afternoon. my name is marie. >> speak into the mike for translating. >> good afternoon. my name is marie i'm here on behalf of the delores services and all the achievement families that live in the sros in the mission district. >> (speaking foreign language.) >> it really hurts to see the families housing built with money for money and not enough for families living with low
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income. >> (speaking foreign language.) >> i ask that you, please take into consideration all the families families under those conditions and create housing available for them attorney-client. >> thank you >> next speaker. >> >> next speaker. >> good afternoon madam chair and mrbz i'm a senior project manager with the families agree working with chinatown corporation to bring this project to fruition here to express our support for the item on the agenda and to reiterate just the families urgency and the families need in the community as you've heard from our partners as well as the
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community members this is a project that if we built it today would be filled immediately as you may know that the families need more affordable housing at every level the families income spectrum is incredibly, incredibly urgent throughout the city as well and so we look forward to bringing this project to fruition with cdc and the partners with the mayor's office of housing if you have any questions i'm available to answer them as well thank you. >> thank you. >> next speaker, please. >> good afternoon chair cohen an immigrant from mexico when i recently moved to the states my neighborhood and first home in the mission district i live in two buildings for 5 years
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and because there was high rent and also, because of need of the space with my brother and sister they got married we moved into the excelsior we lived for 12 years and on the downturn of the economy our landlady lost her home our home we cannot afford anything on the mission we were looking at for - some landlords would not take children it was difficult we had to split up some of the rooms were 8 hundred and only allowed two people to live in the room lucky we found a home for 4 rooms 3 bathrooms that is my neighborhood and home for the families past 3 years and the
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story of my family or large family is one of hundreds in san francisco especially in the mission where we feel more comfortable to shop i'm sorry to shop and look for resources in the mission that's why i urge you to approve this building and more so families can stay and live in san francisco thank you. >> thank you. >> next speaker, please. >> good afternoon, supervisors. >> i always go to the planning commission but the residents i work for the families mission in the office of economic workforce development and have been part of this project community planning in 2006, we were part of the neighborhood plan that side is this parking lot was puc land and we identity that has a
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neighborhood as affordable housing we have been fighting this is the response to organizing we have 8 hundred unity of affordable housing in the mission right now this has been a lot of progress to get this in the mission and i'm encouraged and urge you supervisors to approve that project and more coming in the pipeline yeah. this is - this is big and we have seen all the families families in the studios and they're not allowed to live this is the only resource that latinos can live in the mission we need more after i hope we will be able to achieve the families goal of 24 hundred new unit in the mission to apply the demand of affordable housing those corners were severing in the mission in the school
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district more families can under they earn under 50 or $60,000 we don't need nor condo and people coming with high incomes in our neighborhood because of the education thank you. >> thank you. this point any public comment? who has not spoken that would like to speak seeing none, public comment is closed. and madam chair that includes the public comment and the presentation one last point i want to thank sheila in the chambers of my office we've been working on this for many, many years and its been a long time coming this is exciting thank you. >> thank you. >> okay. a motion for this item? >> so moved. >> >> motion made by supervisor peskin and without objection that passes unanimously
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thank you supervisor campos. >> thank you to the community for come on and congratulations. >> thank you. >> mr. clerk anything else. >> thank you ladies and gentlemen, the meeting is adjourned
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>> all right. good morning, everybody. welcome to the budget and finance committee meeting for november 2016 i want to thank derrick and phil jackson and nona melkonian more covering the meeting i'm supervisor mark farrell and joined by supervisor tang and joined momentumly by supervisor yee mr. clerk, any announcements? >> completed speaker cards and documents to be included should be submitted to the clerk. items acted upon today will appear on the tuesday
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november 15th board of supervisors agenda unless otherwise stated. >> no board meeting on november 8th. >> thank you very much mr. clerk item one. >> the sale of the revenue bond not to exceed 200 and $40 million for the purpose of providing financing for the acquisition and construction of a development of 200 and 99 family project for low income persons or households located on 1601 mariposa carlene street and 4 wisconsin we have the mayor's office of housing to speak. >> from the mayor's office of economic workforce development i'm here to present a resolution for moopz not requiring the
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repayment of bonds this approves the public noticing the city pursuant to the equity and financial responsibility the approval are granted with the project inundocumented, however, in this case they were bifurcated to allow the project to participate in a special project so while the board adapted a policy in june of this year we are requesting additional request here from matt from related california and on mohcd we would like to thank you for your consideration today and landmarked to our support for this follow-up with that i'll conclude and ask for any questions. >> colleagues, any questions. >> anyone wish to comment on item number one seeing none,
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public comment is closed. colleagues no budget analyst report but harvey thank you >> i make a motion to send it to the full board with a positive recommendation. >> a motion by supervisor tang and seconded by supervisor yee without objection mr. clerk can you call item 2. >> the library commission for over due fees from january 3rd, 2017. >> thank you very much all right. we have the larger than mr. herrera. >> good morning, supervisors very pleased to be here city librarian and to introduce michael that mr. give us information i want to emphasize this program has been important folks who are not able to check out materials that about quality the last time the programs was
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in 2009 we are that successful and hopefully, this 6 week program will be more successful in helping us not only to reduce the obligation but like i said bring back folks to be able to use the program i'm going to turn it over to michael. >> thank you, louis and thank you, supervisors we appreciate this opportunity to share information about the libraries afghanistan nest program it is nearly 8 years since the last amnesty program it is once again seek to forgive the fees that accumulated on the accounts it will be consistent with the amnesty program to seek to cover the materials 29 thousand plus patrons with billed items on their account all told one and 6
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thousand plus items in our collection that we would like to recover those in a bill status even more importantly interested 2, 3, 4 welcoming back the librarian patrons for the services for the 5 thousand aprons that owe over $1 plus we want to eliminate the barriers to assess and week back our residents that are for going their library privileges because of unpaid library fees one and 50 thousand patrons with some account balance on their records that stand to benefit from the amnesty the library fees amnesty allows the staff to if anything any items returned during the 6 week campaign in january 3rd and to
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consensus on valentine's day to have the impact on the amnesty program and wave the obvious balances for items due past due this will allow us an opportunity for 15 thousand residents to have their services restored and excited about the robust amnesty program and the greater impact to welcome back our patrons the potential fiscal year impact of offering an amnesty program will be net positive when considering the recovery and exceed any overdue revenue loss we have the racist rate of return in the amnesty caption and wave 15 thousand and 77
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thousands dollars in overdue fines when we consider the value of library materials we'll recovery we estimate between 24 and one and 207 thousands overall and appreciate the board of supervisors consideration of the resolution authorizing the library to establish a fee amnesty program for over due materials in 2017 and more than happy to address any questions. >> thank you very much supervisor tang. >> i think this is a great program you're bringing back and not really a question but when that time comes if you want to spread the word and let our offices know we'll let the constituents know. >> absolutely thank you very much for your support. >> a great idea. >> supervisor yee. >> i'm curious seems like the last time we were successful. >> yes, sir.
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>> and that was. >> 2009 the question is why has this taken seven years to do this again is there a particular reason that's a great question. >> i think the library tries to balance not going to the proverbial well, two often and being good stewards of community resources, however, we're overdue and it is time to offer this program again. >> okay colleagues, any questions or comments. >> okay anyone wish to comment on item number seeing none, public comment is closed. . >> go ahead and make a motion to pass this out of committee full board. >> without objection. >> thank you very much. >> mr. clerk item 3. >> a resolution approving the construction and financing plan
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for the city and county of san francisco for treasure island and project areas. >> okay. colleagues we have a request to continue on behalf of the sponsor and from tida first move on to wish to comment on item number 3 seeing none, public comment is closed. colleagues, can i have a move to continue this to the call of the chair. >> okay actually specifically to the budget meeting for november 16th. >> motion by supervisor tang and is seconded by supervisor yee without objection mr. clerk. >> item 4 the administrative code to change the citywide available fund for the director to expend the fund by appropriation ordinance. >> thank you very much ms. hayward from the mayor's office of housing to present.
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>> good morning chair farrell and members of the board i see that supervisor peskin just came in i don't sure. >> okay. we thanks ms. hayward joined by supervisor peskin the sponsor i'm going to turn it over to him for comments. >> thank you, mr. chair is a change to the administrative code which would change the number of self-appropriate funds that in this year's budget total cost one and $75 million and these are self-appropriately category 8 funds the proposal before us to change them into category 4 where they'll not self-appropriate but appropriate by the board of supervisors specifically this would apply to
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the inclusionary housing program which in the 2016-2017 budget is about one and $13 million jobs housing and linkage in the current budget is 43 and a half million dollars, the expedited condominium conversion market octavia at approximately $5 million and eastern neighborhoods at $3.3 million and the 97 prop a housing bond repayments 20 but one and $75 million as a matter of policy this board should take back the power of the appropriation as to the use of those fund and i'll be happy to answer any questions you may have. >> and hear from mohcd. >> okay. colleagues any questions right now. >> all right. mayor's office of housing good morning are chair farrell and supervisor peskin and members of the board i'm sophie
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hayward from the mayor's office of economic workforce development and thank you for the opportunity to present this morning. >> i just would like to quickly provide an overview of the housing funds in the way their appropriated in order to put the category 8 or this protective in context as you may know our housing portfolio is comprised of pubically affordable housing unit as well as pubically fund inclusionary unit our dollars go to support the affordable housing as well as preservation of existing affordable housing but also preservation of rent-controlled units through our small sites program this snapshot of our full budget and it illustrates the variety of funding sources that we bring to the table including impact
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fees which are parliamentary the subject of this legislation category 8 self-appropriately program those made up 32 percent of budget but have quite a while other sources including federal grant and from the transportation authority and the housing trust fund we appreciate and the state grants and other sources we do this to make this as diversifies and large as possible let's see i want to go through to talk about the 3 ways that is appropriated like i said the impact fees 32 percent of the budget is self-appropriately they have defined used although their self-appropriate can only be used for the production of affordable housing we have the housing trust fund the last contract of those
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sources are approved through the annual budget process the committee is familiar and other actions for other sources that we have grants, development be all the time and payment and bond revenues that are approved through the actions of this board so what are the category 8 fund supervisor peskin went through the impact fees and each of those funds or fees has its own set of defined uses preliminary the production of affordable housing in some cases use the fund for acquisition or rehab of the unit and the eastern neighborhoods and the market octavia fund have a goodic funds as well we feel strongly at the mohcd that preserving our flexibility to deploy the subset of our fund
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is critical in order to stretch our local dollars as far as possible when we build our affordable housing so as you may know we also access state and federal government sources per our funds and diesel with the state level with the tea cap and the cap & trade program and multi if i may housing and federal sources for veterans and homeless fund each one of the individual program hazard its own regulatory requirement and own specific timeline requirements what that means just to put it into context of the specific programs there are time we need to move quickly to subsidize the fund for access to outside resources for 1036 mohcd received $2 million in state funding that
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was great a last minute application and we got the grants, however, that money was only available through reimbursement so therefore we bridged the funds using inclusionary housing for the project and we submitted for reimbursed we replaced that with state grant fund important for the eddie-taylor it received $10 million month cap & trade that cap & trade has strike deadlines projects need to be shovel readily mohcd bridged $5 million to move the project in order to meet the start deadline and we saved that $5 million of the it project revenue from the 5 m project when that money bottoms available two works how have
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we've quickly uses the self-appropriation authority to maximize our ability for state and federal money to stretch the dollars further and i'll say that we are hopefully, this avoids politicizing the funds on the next slide a map of the distribution of projects it is not perfect we would like to see our project distributed throughout the city and more projects in more areas as you may know every project goes through an extensive public process we would hate to see additional process slow the delivery the of affordable housing across the board if this legislation - we're trying to sort but 0 the problem solving a concern is transparency owl
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suggest our projects as as you may know familiar with go through on extensive public outreach from beginning to end this includes peer review within our office of review funding they go through environmental review and entitlement review before we release an rfp we have a process there is a public engagement process after the developer has been selected through an rfp goes to loan committee and commit the fund that's the point when we commit the predevelopment fund and often acronym the entitlement process that's a snapshot how we feel the flexibility of our portion of our is important i'm available so for questions and kate hartley from rec & park. >> thanks ms. hayward a few
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questions and whoever the appropriated person to talk to i take our comments when you think about the funds are appropriated walk you through through the process you go through. >> what does that look like and how long don't it take and so forth. >> good morning, supervisors our process is filled with public outreach and oversight one example 17 and fulsome a jurisdictional transfer from puc and in collaboration with rec and park those were public processes and involved board of supervisors approval the rec and park department had to apply for fund which it did there was ongoing public outreach throughout the process
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to build the park in addition there was extensive negotiations with cca about the catch baseline on site and in 2013 we selected a developer that was again, a very you know pubically advertised process with extensive community outreach and 17 and fulsome the board of supervisors has approved that rezoning process it is going forward with the planning department we were able to provide $2 million and prosecute development loan activities after the public process and work through the loans committee and now the developer is getting ready for financing applications at the state that will be very sharply circumference subscribed the bond fencing the vehicles we have to leverage city funds we
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obviously city funds can't pay for everything with the minimum square feet of unit to operating cash flow minimum to the minimum ratio that you have to have and there's 1, 3 and 15 we're a wash in oversight and repeatedly appear before the board and the planning commission to get our projects 3r5u6d will we'll be back for a bond issuance approval like we do today and ground approval process a long process with extensive outreach and every single one of our projects has should supportive of similar process attached to it and take the central is freeway parolees the designation of those parcels in terms of use and the occupancy was established in the early
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starting in 2000 with extensive community outreach no. we'll be able to fund those with inclusionary fees and the market octavia funds we've been doing outreach for 16 years on those parcels so we know from extensive research in the last month or so we've had the institute and the very economic council as well as fooumd levying office said the more regulation on projects the more extensive because expensive because it takes longer we're trying to remain the urgency we know as we look at in our neighborhood there are people living on the street and add costs and funds didn't serve those people well. >> okay. thank you i have
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similar questions supervisor tang. >> thank you for that he overview i think what you said is absolutely what i feel we can't build the affordable housing projects we certainly want them to be faster and more cost effective in san francisco for my question through the chair to supervisor peskin trying to solve again, i mentioned in previous conversations on similar topics we see a majority of those mohcd projects even before this board especially through the and i suggested that if we really care about transparency we should deeper dive and look at it and read through the agendas and our legislative packet they come before us i'm trying to figure out what it is we're tyler trying to see.
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>> through the chair let me first of all, the power of the appropriation is one of the fundamental things that the board of supervisors legislative branch of government doesn't on an annual or bio annual with twshts it is the opportunity for the board to have high-level policy oversight relative to that all important function no other to the best of my knowledge category 8 funds of this size or magnitude that is not subject to appropriation by this body as far as entrepreneurial process is not a process in as far as no object body yes little pieces but seminary as no oversight body i'll actually
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submit - whether it is senior housing under one administration or homeless under the previous administration i think this is the opportunity for this board as a policymaker to check in on an annual basis to really have a soup-to-nuts high understanding of where the policy is going have our input connected to the purse the budget in as far as no commission over this agency and very little oversight internal process is not a public process i think through the power of appropriation we can give mohcd the flexibility at the need i mean, we, appropriate chunks of money to act quickly we had a hearing about bmr unit not too long ago the mohcd had great
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amounts the flexibility bye yet two of the wlor units were foreclosed and lost their bmr status this is an opportunity for us to have that level of oversight that's profiling e pricing what the checks and balances are for not like a tiny fund for the muni drivers bombards this is one and $75 million bucks in the current fiscal year we should have a high-level appropriate oversight that's what i'm trying to get at. >> through the chair to supervisor peskin i've given there are so many pieces of legislation that comes before that body through the board of supervisors through the he think that is where i just don't understand why we also need to bring this particular piece to us and so one of my suggestions might be that having mohcd
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potentially report it out to the board of supervisors or budget committee you know kind of their plans for the year how they're planning to use the self-appropriately funds we get that policy conversation up front that is something i haven't run it by mohcd but in terms of if i want to global perspective that might be a venue it gives us that i guess that weirder perspective. >> through the chair i'll submit the following yes. the board of supervisors has to approve this bond or that land transfer but it is all done on a piecemeal basis no policy oversight that is precisely another way of going about that as well as the reality is the reason departments come before this body on an annual body through the appropriation process because we have the
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power of the purse and absent that we can have a little bit of show-and-tell but the reality that hadn't happens for many years and the reason the board relinquished the power of the purse in the appropriation funds that's why we should send this to the full board. >> with all due respect i feel mohcd is one of the departments that probably we've seen the most amount of legislation through this committee and again, if there is another way to package the information so have a more global conversation up front i'll recommend that i see that's not what supervisor peskin or what would satisfy that desire but i think given
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next week and the pending measure m what that means in the potential oversight over not only mohcd but oewd there's a lot of these kind of proposals and flux so i don't know how for example, this particular measure will dovetail with measure m maybe through the chair. >> prop m passes would that commission have the oversight over those funds. >> sophie hayward from the mayor's office of housing my understanding the language society with prop m any expenditure will be reviewed by the commission and the commission will make a recommendation for my expenditure regardless of amount of funds if i'm not mistaken. >> that's correct as the case in any commission system
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the power of appropriation is one of the fundamental underpinning of what the board of supervisors does how we relinquish that in this case i don't know but that i'll 134i789 to supervisor tang through the chair that the place for the board to say mohcd as a matter of policy we think that you should be building more senior housing and less single-family homes and vice versa if through the budget process that's the policy document that we as elected members of legislative branch of government get that level of policy not before us when they say hey, this is what we want to do and we have no influence over it if we want to do our jobs we were elected to do the best way through the annual process of budget i don't think that is cumbersome it works for all
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departments with incredible amount of underneath it works for the police department and the department of health up think a fundamental underpinning of what we do and take that responsibility back i don't know originally why the previous board been this way for many, many years gave up that power but time we given the magnitude of 24 crisis take that power back. >> supervisor yee. >> thank you appreciate this discussion i'm listening to you i guess the argument and so forth and it is one of these things i've heard this discussion enough in other areas and see what is the role of the board versus the mayor's office i guess i'm - listening to an argument where i believe that supervisor peskin is
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correct in this we're asking for the board to really play a role in the appropriation issues it is one of the things okay. if from the argument is in the case of staff putting for politics you, you can is that about everything let's have a board that appropriates anything or to me not both ways as a good government either one way or another i'll tend to argue what i've seen anyways in the last three or four years the process does work especially with our good chair leading the process in the budget and that we had debates at the annual appropriation of the budget discussion at the board level i don't see any fair of that it wouldn't work for this
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particular case. >> i would add one thing mr. chair this is about accountability this is the opportunity that the board has to say did you meet our tarts? did you do what you said you were going to do that's in the annual budget process with a host of functions in the city government we say boy maybe we should have appropriated more money to a different thing you're doing a better job or not appropriate when you're doing 0 worse job that's what the budget process is for and how the branches of government keep each other in check and hold the departments accountability we've advocated. >> let me ask a question do you spend the self-appropriately funds at random it seems like a
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lot of the comments are a check on what you're doing but a chance to faub >> kate hartley - first of all, the funds themselves are defined that sets the priorities, secondly, we pursue the factual needs of the city documented and the consolidated plans for housing in san francisco that is required by hud that's a body of work that is very good researched and documents the needs and we pursue the goals of the plan we take the money available to us we leverage that money as well as we can and follow the prescriptions that are attached to the funds by geography and income, eligibility by new
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construction and rehab and go get additional money that had has its own requirement my fear not following a well documented researched statement of need per the con plan and fitting that into the overall housing goal we could get an appropriation approval say for predevelopment from one board of supervisors and then two years later when we're ready for gap funds the board might say we've changed our mind don't want to fulfill the obligation instead of single single families we want - they're with regulatory oversight and need the commitment and the ability to pursue the con plan and can't have the risk of midstream not
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having the additional appropriations approval from the say that results from a change in the board. >> okay. >> commissioner tang. >> i mean, i would say that given this discussion you know, of course, i believe in transparency and, of course, accountabilities but don't believe in layering on requirement for the sake of open that we'll have more transparency or more affordability i feel we have at our disposal projects list in the queue we can ask mohcd for any given time and things a available to the members of the board i believe that switching this category of funding it comes back before the board of supervisors instead of providing for accountability b will slow down the process who knows as
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ms. hartley said whoever which board has different sets of clarity who know; right? we have seen how long those projects take in fact, to my recollection the discourse in san francisco it is taking too long and too expensive this is not something i can support given we want to build more affordable housing and we want to build it now colleagues, any questions or comments anyone wish to comment on item number 4. >> okay seeing none, public comment is closed. i would say say i appreciate the dialogue you know, i would very much society my name are supervisor tang's comments the last thing to slow down the affordable housing in san francisco i know that some of us are billing willing i'm not and
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sensitive to the affordable housing shouldn't be a politicalized process it is to some degree and making it more is a step in the wrong direction and harm the residents in the city we're trying to serve so i appreciate the discussion around the boards budget process and share the budget committee i'm well aware but certainly don't want to make that a political process - anything from my perspective we'll do to potentially slow down the building of affordable housing is a step in the wrong direction for our city and especially given the potential package of prop m and the impacts it might have personally this is not ready for discussion but i'll see what my fellow commissioners have to say about that. >> supervisor katie tang. >> thank you so i think in light of next
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tuesday and he measure pending i want to motion to continue this item. >> until at least after the election. >> okay okay to a date to the call of the chair how would you like to do it. >> to the call of the chair that would be great. >> okay. >> you want is roll call vote supervisor peskin a comment no reinforcement so a motion by supervisor tang to to the call of the chair and supervisor yee without objection mr. clerk, is there any additional business to come before this body? >> there are no more items mr. chair. >> thanks we're adjourned -
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>> good morning welcome and thank you for being here bright and early on a post halloween morning and i hope everybody had their fill of candy happy to be joined by my chef deputy and city attorney bother working diligently on the case we'll discuss this morning and filed documents this morning as you may know a natural civil rights equal justice under the law filed a federal claishgs illuminate again san francisco amending the state money balances was unconstitutional it unfairly allows the wealthy to
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go free and the poor remain in jail it was filed two the city and city and sheriff hennessey oversees the city and county of san francisco jails was added and, of course, dismisses the claims against the state and city my office represents the sheriff's as legal counsel up until now in my office harnt taken a position since this was filed we worked diligently to look at the argument and what they're seeking in the value it of the bail law and hard work to protect the taxpayers from enforcing the law we successfully done those things and now the heart of issue the state failed system is unzuckerberg san francisco general constitutional people andrew's on suspension of a crime are held in jail unless at the pay money as collateral
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those amounts are a bail schedule and state law requires the supreme court judges in each certificate of occupancy and the sheriff enforce if you can pay you, get out of jail if you cannot you don't get out of jail that is a reflex to the community whether you can pay for your freedom a two tier stop one with money and one without not right and in keeping with the constitution it is time for it to stop to echo u.s. attorney general loretta relinquish no price tag on justice i believe the states bail system specifically the bail system before arrangement is unconstitutional that's why my office filed papers in supreme
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court we'll not defend that law we are innovate taking issue with the law but about the existing bail process prior to the point of arrangement at arrangement a judge has the opportunity to review the circumstances and make an individual bail determination based on all the facts a bail schedule that lists the price of freedom without consideration of the individual circumstances is not serving the interest of the government or the public and unfairly discriminates against the poor government entities in other states tackle the problem in lawsuits like alabama, kansas, missouri and mississippi and louisiana have reformed their action but my action is the first time that a government entity has refused to - dangerous people need to
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remain incarcerated how much money someone has is not picture measure of the 245e9 right now we have a system that someone can be locked up for days because they can't pay for your freedom and someone dangerous what about free someone for marijuana for sale can be locked up and not by a bail but someone paying one and 50 thousand can be out for rape that needs to change that's why we're taking this step this is decades in robert f kennedy were attorney general only one factor determines whether a defendant stays in jail not guilt or innocence but the nature of the crime not the character of the defensive that is money in testifying in congress the
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attorney general told a store 54 days in jail one person couldn't afford a bail for the maximum penalty was 5 days in jail two years later congress passed its the bail reform act in 1968 that polishes - the federal system uses a model that cantonese those people that are a flight reflex or danger to others maybe condition a dna sample or curfew and bail cannot urban design set in an amount a person couldn't afford in 1987 our society liberty that the norman and detention prior to trial or without trial is the exemption states, however, have not necessarily followed suit as an example report this issue
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by the nonprofit non-partisan prison found 6 hundred and 36 thousand people locked up and in more than 3 thousand jails in the united states 70 percent are held pretrial meaning not convicted of a crime or legally presumed innocent in february 2015 did u.s. department of justice arguing a bail that carding people before trial solely because of they're not able to pay for this is violating the fourth amendment the u.s. department of justice said they must not cause people to be incarcerated solely because they can't pay keeping people locked up for no reason they can't post bail has
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other consequences people loss jobs and family fall apart and taxpayers don't need this in terms of the current bail some h system is not only unconstitutional but bad public policy the district of columbia has been very pro-active in the area and don't use prearrangement bail it workouts well, in the district of columbia and in fiscal year 2017 the district of columbia were realized 98 percent avoided arrest for violent crimes and 88 percent made all air scheduled court pioneers that is an issue that has gardened national attention and the chief court
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justice convened a working group to come up with recommendation by december of 2017 to deal with that situation which everybody knows needs to be reformed we're hopeful with our action we'll give impetus u tuesday and make sure we have a reformation of a bail system no doubt here in california unconstitutional you may note a need for reform for the bail system and the laws governing it we plan on working with the senator to make sure that the today's action has impetus to have reform at the state level to have a bail system here in california it is constitutional and fair and workable and protects the public that is it is intended to protect thank you all for coming i look forward to
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any questions question. >> bob. >> (inaudible). >> there will be two options number one the states attorney general can step in and defend the snuflt of the state law or number two already been a motion intervened by and bail bondsman that motion was denied i would anticipate that they'll renew that motion either the attorney general or the interskweern and rogers will make that determination and i think that is likely they'll be someone to step up to defend the uncomfortably.
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>> (inaudible). >> no i don't think that is likely their won't be changes tomorrow are today bob alluded it to say likely that something else will make an effort to defend the law we'll have to wait and see how that litigation plays out this is a pretty good big statement the first time the city has stepped up it sends a message allowed there is changes in the future i think that at the lefrs the potentially or the evolve outlet there is a change
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in the system we have i don't anticipate we won't see anything in the self disease. >> not necessarily a call to action a concrete step it is a further impetus to a movement growing across the country there are other advocacy groups that have a call to action my job to defend the laws and what i think one is unconstitutional i'll not step out and defend this is what we're doing today. >> (inaudible). >> do you know what the plan say you guys are right. >> well the reformation has to starred in the state allergic i don't have the power assemblyman boca will be the leaders on the reform we'll wait and see there is a state mandate that each
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court system in each county as 5 bail schedule this is something that has to happen at the state level. >> it is been in - what - >> decades this is the current system been around for decades and it is the combrefrnd as i alluded to nationally robert kennedy was talking about this in 1964 this is the norman in the united states and it certainly the norm in california that is a certain a very, very good step. >> what happened everything you don't have (inaudible) i guess i'm curious as to the people that have the money they'll basically be required to pay. >> if you look at it - what
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needs to happen everyone needs to be treated fairly and equally under the law with the current prearrangement bail system a person who has the means just pays the money and walks out the as a matter of fact everybody should be treated equal in post arrangement bail everyone has their case yielding reviewed by the judge that makes a determination if they're a flight reflex what's the risk to sorority of that yield being out on the streets here in prearrangement bails we don't have that we need fair enforcement of justice to make sure that all cases with yielding reviewed by a judge who makes sure that that person does not pose a flight reflex or minimize the risk to the community and a variety of other ways in which you can assure
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that yield is make their court appearance and show up for trial i can have all sorts of supervision from check in these with the court to e-mails, to supervised visits to make sure that yield is supervised and make sure they're returning not based on money and everybody has to have their case adjudicated in a fair even way under the provision of a court officer. >> (inaudible). >> well, they're - >> the same standard or still have to pay. >> we'll have to see every case is jashthd should be adjudicated by a judge certain a bail might not a component but not only the with only way to pay and get out. >> (inaudible).
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>> the money bail is a bad thing - (inaudible). >> well, i'll say i'm not going to get into policy but certainly a prearrangement before a case it look at by a judge money in and of itself in our view as the only means unconstitutional what roles the money plays down the road as a component after a judge reviews a case we'll have to see but right now what we are doing to prearranging bail and having money and wealth the only dictator
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yeah. >> relative to the - a judge adjudicates a case well in a system you know each person stands out in - (inaudible). >> i don't think so no, no washington, d.c. public school don't does that the federal system does that and you know what i've got to say convenience shouldn't be the dictator of what is just and what sorts of justice people charged with a crime get we're all sdiermentd to equal protection under the law only if it is convenient it does not say or how much money we have that's right.
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>> you're referring (inaudible) we filed affirming today, we'll nobody be defending the case i'm saying that is unconstitutional. >> (inaudible). >> correct. >> okay thank >> thank you all for coming from to the disaster counsel. we have a packed agenda and i'll try to get you out of here in an hour [inaudible]. we do have a chance at the end to have a roundtable soap if
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people have announcements they want to make [inaudible] and [inaudible] >> thank you, and i want to thank everyone for attending the meeting and to get updated on the things we are doing good to keep our city resilience and also prepared and i want to say a big thanks to all of you that are working hard to make sure that the tens of thousands of additional visitors were having the next few weeks, what we just had, in open world and [inaudible] quite a few people in the city and we need to of course keep them all safe thank you for making sure that your roles are played out on everything from the streets to the events, to being ready and
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the responses. that is going to obviously help be helpful to both our economy but also to the people that are invited here . i also want to let you know that there is, and we are monitoring, a fire in moccasin in the areas that are close enough to our water facilities, upping hetch hetchy to pose a potential threat, so we do have a very large something like almost 900 acre wildfire that's going on good that has the potential of affecting so we moderate that. california fire is the incident command there in all the different agencies including the state, are there to respond and begin the attempts to fight this fire, but as you have readily known, many of our firefighters are often very difficult to stop
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and so we've wanted to make sure that the entire staff at moccasin and our public utilities commission are fully alerted. that their own safety is paramount and then the facilities that operate our water system are also being monitored as well. so we will-i want to thank all the ages ago might be asked to respond including our own fire department and obviously, our controller and others who have focused in the past on the impact on past buyers near moccasin that there'll be already as well to assist. i want to also again thank everybody for a continued effort to make sure our city is seismically safe. >>[background noise] i'm been saved by the bell. >>[laughing] that measures for example the third
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year we have the mandatory soft story building retrofit that are going on in i want to say thank you to all of the building owners in the city, to participate in this in making sure that our buildings, particularly, those that are wood frame seconds of the vulnerable in a seismic event are complying and doing everything they can to get to a higher level of resiliency. of course, seismic actions continue to be on our mind for a variety of reasons that are part of today's agenda. i want to make sure that everybody knows that we are paying specific attention to the sinking and the tilting of 301 mission, and that given the number of conflicting viewpoints as to what is going on, i
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have-i am organizing and have tasked our city administrator, as well as dbi, but also this department of emergency management, to co-lead a great group of experts that are, there are no contractual relationship to any of the of buildings under construction or buildings that have been constructed to give us as a city and the board of supervisors a independent transparent analysis of the geotechnical engineering challenges that might be associated with the sinking and the tilting. we will, for lack of a better phrase, get to the bottom, of making sure we understand much better not only what is going on and causing, but that we want to go well beyond the 301
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mission building and take a look at established buildings, new buildings, those that are proposed and under design, and to match up with the best and higher level safety engineering that we may be required. we will of course, absorb those engineering reports that are currently under scrutiny as well as those that are being conducted by current owners and developers, but we will also add to that a good look at what is being done and what should be done and considered by all development and construction including our tjpa, our transit center, as well as those buildings that are being planned to be built in and around the transbay center as well. i want to thank naomi and and i had of time for leading this effort because there are a
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number of people whose confidence in their ownership and rentals are very shaken and we want to assure them that have the highest level of safety in the city's attention and i will make sure that that report comes directly to me. we will be finding opportunities once we start this process, we will take little time to meet with any and all residents of that area. this is a big area of cities investment and client neighborhood. so we want to make sure that everybody that we've invited to the area businesses as well as developers, and residents, are assured that the highest level of safety is being examined and also that the jurors in which to prevent further sinking and other aspects will be there. i say that in the context of seismic activity as well because the geographical area is already challenged being above mud, and so the techniques have to be examined in light of their performance, should there
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be a seismic event happening. so we are very well aware of that and need to have the highest level of safety regardless of what our current codes may provide. going to code is one thing. but assuring a highest level of safety is got to be paramount and so that's what is going to be examined by this group. in fact, directed already the department of building inspection and the office of resiliency and recovery two and immediately amend a 30 year earthquake safety and implementation plan to really expedite the safety of new and existing high-rise buildings and, again, with a very good focus on the geographic hazardous areas that are being underdeveloped underdeveloped. that could be more challenging in a seismic event. so that is going on. i want to also make
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sure that we know that the seismic events, because it is just the beginning of the month of october, of course, it is our month where we do a lot of both recognition and celebrations, but also repaired this with schoolkids, with our property owners, with all the agencies practicing and, of course, the really direction of our fleet week has been to really join with other agencies and federal government and state government to exercise our ability to be better prepared in case of disaster. i want to thank all those that are working on the fleet week preparations because it's no longer simply as operation. as all of you know. it's an opportunity to practice what all of our different agencies, the kinds of events that will challenge us and how we work together today can create the
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kind of relationships we need when an emergency hits. so i look at this obviously in total preparation for an event that will happen in our lifetime. it's not and if could it will happen and more of the predictions of the best signs indicate in the next 25 years. so if i can again, in every opportunity i have those of you in this room, please, be prepared. you and your families, you are number one responders and you're called upon to respond i can't have you worrying about your families by not taking care of them now and being part of a deliberate plan. then, for those of us who have the opportunity to prepare our communities and our leaders with that opportunity now and practice it, and get them to sf website for further
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preparation could introduce him to the agencies that were all working together on because i certainly think that if you gone to a disaster service worker training, if you're able to take some skill set training yourself, neighborhood leaders as well, we will all be for the better in recovering much quicker from a seismic event. obviously, we may not be be able to prevent an event but we certainly can prevent a high degree of hurt from that event. so please do that and maybe three please make sure that those of you that work and respond to departments work on the continuity operations the bars they are obligated to understand and implement. i know that we have a lot of new employees coming aboard good this government of ours has gained a challenge of a good economy but with that comes the obligation that we train everybody to be the faster
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workers and disaster prepared along with all of our utility agencies that ought to be constantly practicing with us. so with that, i know we have as and has indicated, a very elaborate agenda. let's get to it and have that exchange. thank you. >> thank you very much mr. mayor. dem conducted nearly a dozen exercises this past year in our mission to get san francisco repaired and ready to respond to any disaster or significant events. they are aligned in my directors report, which was on the table that you could pick up. i'm not one to go to every single one with you today, but i do want to highlight a couple. last year during fleet week we did something called a rehearsal of concept or a rock drill. where the department of defense work with us to test our disaster transportation and would just
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ask strategies. we learned from that a key lesson that we learned was that the last tactical mile was very important and we don't often exercise that. so the details of moving to the next stage of this kind of exercise is to exercise community points of distribution. seed pods and we are doing an exercise with fleet week this coming year, see but exercise and folks are welcome to join us with that and i think we'll learn a lot from that. you'll hear more about details later on because that is an agenda item. the mayor also mentioned that we have done a lot of very successful things this year including super bowl l i know
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many of you were involved in the planning and preparation for that. that was not only a citywide planning effort, but it was a regional planning efforts. working with all of our partners at the local, federal, and state levels and i think was incredibly successful could we had a huge turnout. it was better than i think anything we could have imagined and the possible negative things that might have happened, thank god, did not and i think a huge part of that was the effort we put into the kind of security we wanted. we wanted the event to be a safe family friend friendly event and it turned out it definitely was and it highlighted the bay area in san francisco in particular, for the gorgeous part of the country that we are. this past summer we also partnered with the national counterterrorism center, the department of homeland security, and the fbi 20's the san francisco joint counterterrorism awareness workshop. this two-day workshop
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brought together local state and federal partners engaged artisans in discussion can recognize a best practices, and encouraging information sharing in the event of a complex terrorist events. this unfortunately as you know, listening to the news and reading the paper, is a challenge that is very much real that we need to be prepared and make sure the city is ready to respond. the last exercise the want to highlight this morning is our urban shield. yellow command. which test the region's ability to work together during a catastrophic event. this year's scenario involve eight evan .9 magnitude earthquake along the san andreas fault and cyber security attack on the water systems requiring community pots of distribution which again we're doing an exercise next week, to be staged
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throughout the city and throughout the region. other things we exercise this year and we also updated for of our plans. the winter storm and flood annex the emergency support function 15, which is the joint information system and asked, the sunol meet annex and the emergency support function outlook health annex. so, we know that emergencies don't stop at the county line. that's what work with our regional partners to make sure that we all owe each other by first name that we know the functions that we each perform. so that in the event of a large emergency we are not meeting each other for the first time during the emergency. we worked very collaboratively with our region and i want to thank all the city representatives here today who sit on the disaster counsel and also our partners in the community who are with us as we continue to be repaired and make sure san
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francisco is ready to respond in the event of a major disaster. so that concludes my remarks. i hope you do beat my more detailed briefing because i'm very pleased with the work that my department has been able to accomplish this year. i've got incredible staff who have worked very hard to keep us safe. the next item on our agenda is the fleet week briefing. fleet week is coming up starting this next week. it is something that we all love to embrace. it's a great party for san francisco but it is the mayor said, it's also a wonderful time for us to have an educational experience and get to know our partners in the military. francis s'more planning and zoning are public information officer and director of external affairs will give the briefing. >> good afternoon everybody and [inaudible] were excited about it. the annual event in san
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francisco since 1981 and over the years billions of people [inaudible] have come from throughout the bay area to [inaudible]. since scuttled the city has coordinated joint with with exercises with our military departments. these exercises ring together civilian responders and [inaudible] with military units responding in the event of a major event like an earthquake. so this year san francisco fleet week is from october 3-october 10. i just want to go over briefly some of the events taking place. there's going to hear a lot about c potter community place of distribution that is a major exercise that's taking place during the week visit. that's monday, october 3 [inaudible]
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begins at 11 am and so what is going to happen this is going to act as our exercise our ability that should we [inaudible] catastrophic event. things like food, water, and other life-saving materials that will help people stay in their homes following a catastrophic event. this exercise will feature more than 100 volunteers and many of the staff are coming from the department's representing in this room but also within our partners in the military and california [inaudible] as well as some nonprofit partners as well. volunteer members in the community [inaudible] players earthquake disaster that can drive their vehicles to see but since he seek water, still other comfort supplies and get through the major catastrophic events. if you have an opportunity to come out we incurred you to do so. the key thing that people should
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remember about a seed pod is that they are a last resort measure. if regular means of getting water or food are unavailable, then the seed pods will be set up. this is why it's so important everyone in the community has at least 72 hours worth of supplies at home. these are things that we find every day in-home was just a matter of gathering them up and having them in place. if you need help doing that go to sf you'll find civil tips to do that. what of the other key events is the senior [inaudible]. that takes place on wednesday thursday a fleet week. this is an opportunity where civilians leaders, well, senior military leaders get together to discuss emergency taking place both internationally and domestically. [inaudible] best practices to exchange education and to share ideas get this out we learn from each other. so the previous years without representatives from all over the world life buildings and
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nepal but also within our own country as well. this is a special program that is a key to the humanitarian assistance of disaster response mission. finally, on saturday [inaudible] enjoying having a [inaudible] in san francisco. this is a family-friendly events. where civilians and military and nonprofit service come together and provide demonstrations and things like search and rescue, explosion detection, and we would have a nonprofit service of help people with disabilities [inaudible] that of come home with ptsd. integrate family-friendly event 11 am on saturday. finally, i would remiss be remiss if i didn't mention we will have our [inaudible] active during fleet week. that begins on friday.
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this is a so we can keep-so we can keep an eye on things taking place in the city during the week not only fleet week with this number of events taking place early in the week we have [inaudible]. all fleet all those things go well these next two weeks. will have [inaudible] one thing [inaudible] i'll be happy to [inaudible] but there's a lot going on in the city. we want to share their coordinated or anything that goes on [inaudible] we are ready to go. the final thing i like to say [inaudible] this event cannot be done without the coordination of our nonprofit partners and so [inaudible] and we look forward to another successful week. at this point
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if there's any questions of happy to answer them. >> any questions? all right, thank you very much. my favorite event is [inaudible] so it is family-friendly [inaudible] bring out your kids bring out your dog. it's going to be fun. next on our agenda is [inaudible] is going to present on san francisco bay area earthquake plan and mike is our deputy director and director of our division ons [inaudible] services >> thank you for the opportunity to talk about about the bay area catastrophic plan. this plan was developed by california office of emergency
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services and fema region nine. obviously, the mission of the plan is save and sustain lives. minimize suffering. stabilize and restore critical infrastructure and it also delves into recovery. the overall objectives are really organized and unified state and federal response and even though the plan is really written as a guide for state and federal response, it talks a lot about the unified coordination group and how the state will organize the response and coordination with fema that the primary objectives are to deploy personnel to and from areas unaffected in california two areas that are affected by catastrophic earthquake. probably the most challenging component of that is developed in the access strategy and temporary supply chain. odyssey, were going to have the quick action is going to be a major factor for transportation to debris clearance is going to be a major issue. so all of the staging sites laid out in the plan are across the bridges. so those are going to be areas that we are working with fema
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on. just in terms of the risk, the planning itself is based upon hayward fault scenario. this is generated from the estimates from the united states geologic survey. according to the usgs, this is 78% chance of at least one 6.7 magnitude earthquake by 2043. there's a 90% chance of at least one 6.0 earthquake by 2043 and jessica you know there's a 12% chance of a 7.5 and 2.3% chance of and 8.0 and at the same time frame. just for comparison, obviously the great earthquake of san francisco is 7.8 that hayward last time that a major seismic event there was an 1868 and was a 6.8. so there's been 12 major seismic events on the hayward
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fault spanning about 1600 years good that's where they come up with a probability of okay, this false escape hole of producing a magnitude 7 and when they calculate the risk that hayward fault is actually 33% of the risk of these calculations. the san andreas makes up about 22% of the risk. the calaveras is 26 and some of the lesser-known falls make up the remainder. in terms of the state federal organization this unified coordination group for those of you are not familiar with the unified quarter nation group is made over the federal senior officials. it's made up of the state senior officials usually the director of--and fema region nine so fema region nine, under this plan, they will not be operational in oakland. no actually deployed the risk management team to sacramento to:-okay with the
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state operations center and in and out today's they will establish a joint federal office of operations there and also in the unified quarter nation group the california national guard will be there could be a defense coordinating the show there as well. i think the porn thing for us there's not a direct seat for local government there at the unified quarter nation group. we talked to the state about we will send -it's our intent to send a liaison to that entity so that we do have a voice at the table at the unified coordination group. then all of their work is supported just like typical ics, by operation section. the new elements of this clan in addition to the ess that i think everybody is familiar with the emergency support
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functions, it also calls for the establishment of several task forces. those taskforces, the people not been identified to serve on those task force is good some of the work ahead of us is identifying who best from the city will be serving on the taskforces and how we will work with our counterparts in the regions to really have a unified voice when working with the state and federal response apparatus. so, to give you a very high level timeline of what will happen after it has tropic quake from the most earth that perspective it will take him a day to probably establish a unified quarter nation group. they will be very relied upon us in the first 24 hours to provide situation assessment along with the other operational areas and obviously that's going to be focused on transportation routes and the status of critical infrastructure and we've got a good basis to operate on from all the work at the last council and then from 24-hour-24-72 hours, fema deploys the national incident management assistance team. state operations under two:
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manage the event him and--will activate and avoid all eight state [inaudible] search and rescue teams and ozark eight sounds insignificant but those are 70 person teams that will be immediately coming to the bay area to help with immediate search and rescue operations. they also up 12 level for teams that will be deployed. so that's all part of our planning efforts is how to receive those first responders that are going to be coming in, and then in addition, in that 24-72 hour fema will activate their contract with amr, ambulance provider, to send 300 ambulances to the bay area and then we would the state will assemble and diploid 25 strike teams in the strike teams are five and once is a piece. so that's to give you an idea of the amount of first responders that will be coming to our systems, but we will have to
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care and feed them once they get here that your how to get them to where they need to be. they will also deploy that other mutual aid resources for fire suppression and support to debris clearance operation. then, in terms of kind of what this plan means for us, it's going to influence our planning that's already ongoing. we are as started in an initiative to update our debris management plan. we just completed an update of our logistics annex. but we will also be working on updating our earthquake response plan because we want to make sure that our local plan lines with the new federal and state client for catastrophic earthquakes. we will also identify local regional roles and response abilities because again, think of critical
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component for us is going to be on how we work with unified quarter nation group. then and, with her work with the national advisory council, big city emergency managers, has cost us to come up with mission ready packages and these are assets that we can deploy from san francisco to other areas in the country if they're facing a similar catastrophe but are also defining mission ready packages that could be deployed from unaffected urban areas across the country that would help us with the recovery efforts and response efforts. exercising-they've indicated a pretty ambitious exercise plan for this plan and its 20 exercises, nadine the full-scale exercise in three years. so we are going to do our best to align that with our existing exercise. epicenter [inaudible]. any questions on the plan? >> michael will move right
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into the next agenda item then. >> spanked thanks. i just want >> i want to give you a quick update on some of the exercises, obviously in the winter that's not on the our winter storm annex [inaudible] in shape for winter storm. we lived it with the el niƱo last year so i think were in a pretty good battle with that but we do want to take the time every winter just to review the plan and see if we can make any improvements. one of the new exercises that we are going to conduct is epicenter. they'll be held in april [inaudible] we want to take advantage of the [inaudible] 1906 earthquake and also make that more of the citywide event and focus on catastrophic earthquake recovery. so something we party talked about with the state and federal planted [inaudible]
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exercise that next item is are the state initiatives [inaudible] the new planted were going to do our best to align its but it's really we are looking for all of feedback from departments about what elements would you like to see exercise. we will work [inaudible] disaster core neighbors and trainers on that. one thing the complex coordination attack, and mansion that previous with a joint counterterrorism workshop series that she brought out from dhs from fema. this a follow-up to that. it's one of the main take ways was develop a complex coordinating plan. were in the process of doing that. but we would like to exercise one [inaudible] active shooter terrorist attack so that is our plan for going forward. continuity of operations as the mayor
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mention, we just want to give a date for all the departments could this is where we would like that apartment of emergency management will be exercising our continuity clan but [inaudible] this other departments need guidance in doing that were here to help with that. we like to coordinate that in august in urban shield [inaudible] poster you are familiar with and [inaudible] francis you did a great job. also, in november there's a medical health exercise. this year the scenario is trained to vehemence but that obviously public health emergency management participate in that. if there's any questions [inaudible] >> i just want to commend spero particularly on the yi from the logistics side, from
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purchasing and real estate i know the [inaudible] that exercise was very the thought of goal and was very helpful from every report i got back so, thank you for your work on that and i know just from dpw and gsa, i know who worked a lot on those exercises with you. so, thank you. >> thank you very much. are there any questions at all. mike gave a lot of information in a short period of time. are there any member updates since? this is a time to have a little round table. this is what have you been working on? what do you want to share? >> they could, and should could afternoon. joanne speedway from the fire department did i did one indicate but after fleet week
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night-15th is fire prevention week where we are starting the continued message that the pm shares with everyone is on was our mayor and other public safety agencies the importance of having a preparedness plan in your home in your workplace and to exercise that. the more we can spread the word the better off all our city will be. at the end of fire prevention week, that same day, october 15, we have our nursed guilt neighborhood emergency response team took it we held at marina middle school nine-3 pm. >> great. thank you, chief. if you're not a dirt volunteer and you're interested in this is a great thing to become involved in. we have many dedicated thousands of people throughout the city look taken dirt and i applaud the efforts. thank you. it looks like todd, you have an update? >> yes. two updates. we
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recently completed our twice a year training. this one had 45 city staff attend the sf with their finance and administration disaster academy. so that brings up the total trained finance and administrative professionals to nearly 200 or the last year and a half. that includes all basics department said that active attendance so thank you to the department heads here. your folks have been really good to work with. in addition to that, in coordination with the city administrator's office department of technology, we developed and that to all city departments it related updates to the continuity of operations plans. in it updates to the emergency response plans for your deponent. so over the coming year and a half, your draft it sections to those plans as well as your final sections to those plans will be items that your staff are working on. so that's good news. that policy adopted
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by-earlier this month has in mind both man-made disasters as well's natural disasters like earthquakes. there is a companion cyber threat and cyber security policy that is being further perfected and will come back to-. thank you >> thank you very much, talk. guess, michael? >> not an update but more thank you and commendation to and anna stop. and made mention of the joint counterterrorism awareness workshop series in the presidio. i was asked to offer a prayer in and up staying three days. i think for this program. it was really a fascinating time. the were a lot of high-level people there. what came after that was of great benefit not only to our counsel but to the greater community because at several meetings with members of the fbi and unlock other law enforcement folk. their concerns about terrorism and
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especially islamic communities in san francisco but which are vulnerable, we were able to make connections with the religious leaders in those houses of worship and right now, they are in communication. so that's what came out of an invitation to offer a prayer. in my mind, it was a [inaudible] >> wonderful. thank you for a much and thank you for the work you do at the interfaith council. you're a terrific partner for the city. thank you. other comments? yes, connor >> i want to briefly yield the floor to dnr-a purchaser for supervisor tang's office was a brief update. >> thank you, connor. so i'm janna-with supervisors katie tang softy i just want to update everyone on our [inaudible] effort. the supervisor tang's effort to raise [inaudible] and campaign. this is specifically with the members of [inaudible] we want
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help our members become specifically reserved you will be created with help of members of our community is a sunset district preparedness guide in of a few copies could we also have it of able online. so i can send out those fires as well. the other thing we created with a monthly [inaudible]. we partnered with six local businesses as was [inaudible] walgreens creating a monthly schedule so when residents shop in his store stores during specific month specific supplies will be on to. for instance, in the month of september flashlights and batteries will be on sale at -hardwood. the next part of the campaign will be providing supplies to members of our dirt neighborhood emergency response team bill be creating many
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caches of supply and make those available to all the residents on their block. so when there's a need residents have created their own supply then they can go to that residence and get the supplies from seattle so we are excited about this effort. spread the word across the sunset district, we've had members that the community directly participate in this effort because we know this can be a long term campaign and we want the residence to really own each aspect of the campaign. so were inviting the sheriffs information and other neighborhoods [inaudible] if you want to adopt a were happy to share how we did that. i will pass out the copies of the guide [inaudible] i want to thank the office of [inaudible] for helping both all the materials beyond [inaudible] it we hosted somewhere. [inaudible]
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access the information. thank you. he was fantastic. thank you, naomi >> supervisor tang's office has been one of your we are at so many initiatives are on the subject without resilient in diamond heist and resilient bayview. resilient menlo park and they've taken the bull by the ones that really got out the word and it janna is absolutely right with officer resigns and neighborhood empowerment network were trying to get more neighborhoods involves ingesting resilient get so, thank you. >> that is fantastic. thank you. other-yes? will sydney, first? >> earlier this year? san francisco three-week exercise the port hosted in conjunction with the coast guard and army corps of engineers the port opening exercise to identify who is responsible, who had what and what would be required
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to bring a ship through the golden gate, up to a port offload it and hit office supplies to the city of san francisco to become see brought. it was very useful exercise. i like to think dm for the participation because we had a lot of people helping us with that. we learned a lot. >> thank you. other things that members want to share? yes? >> at the housing authority would always completed a community of operations plan. were about 90% complete we like to have you review it. we have also created a number of emergency action plans for various different scenarios, situations that might come up. we have about 8-9 but actually coming to this meeting i think we have a couple [inaudible] though we missed [inaudible] and we don't have one that's physically for terrorist attack. but we would like to coordinate
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with the city and make sure were in sync and benefit from all the work you are doing on a citywide base. >> fantastic, barbara. we would like to partner with you and mike will get you the appropriate contact person and we'd love to review your continuity of operations planning good so that is terrific. thanks. i would encourage all departments, if they're not updated their plan recently to take this opportunity to do it. september is preparedness month and we moved into october very quickly and as we said, we have fleet week. lots of good reminders for us not only as private citizens here in san francisco residents and visitors to the city to be prepared but also our city departments. other items to share? all right.
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thank you all so much for coming. is there any public comment before we conclude this meeting? seeing none, this meeting is adjourned. thank you. >> good afternoon recruits! i'm going to be very short, because i am -- [laughter ] >> okay, i should start off with a joke -- you have to laugh. anyway, first off, it's my
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pleasure to be with the chief and with our department of public health director to welcome you into the finest police department in the country and i know that because that is what you have chosen to do and i'm very gratified i could be here in front of you as you ago through this invaluable academy and training. really two points i want to raise. one is to thank you for making that choice. you can join any other department in the whole bay area, but you have chosen our city and i'm grateful for that. second is that today i especially appear before you to make sure that you understand what we are trying to do as an entire city with our police department. we're undergoing one of the biggest reform efforts in the history of this department, and our chief is leading that, and one of the reasons today is that you will undoubtedly be involved in
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many of our confrontations that other police officers do probably on a daily basis. and the trend has been that there are more people that are victims of alcohol and drug abuse, and will exhibit in many occasions a danger to themselves or others and you will definitely be called upon to intervene in those situations. one of the principles of our police reform that is going on today, one that i greatly value is the principle of the sanctity of life. you probably already have been receiving training on that. but you also will be trained in the practice called "receiving time and distance." that is when you
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are called upon, i think we'll ask you to do your best to create that time and distance for the purpose of preserving life. in that, i want you to know that the rest of the city is not simply asking you to carry the entire burden of that. ; that we're going to be partners with you the best that we can and one of those strong partnerships that i am and this administration is funding with the full cooperation of the police commission, your chief , all the management staff is to say that when you are asked to intervene and if you can create that time and distance with everybody's safety in mind, we'll then have mental health and public health experts to be at your side. so that they can do the specialty crisis intervention that you create the time and distance in order to have. we have got to work as a team.
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if we're going save more lives out there, we have to make sure that we have the ability to get some professionals to work alongside with you, so we can intervene in the sometimes very tragic circumstances and if we can get the mental health expertise with the people standing behind me, the crisis intervention specialists, they are referred to as our entire team train by our public health department to work in these crisis situations, we're going save more lives and ultimate ly that is what you seek to do in your profession and we want everybody's lives to be here. you will get crisis intervention training. you will be introduced to the sanctity of life principle, but in the real-street situations that we have, it's your ability to implement
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that in an effective way with the chief and all of the managers crisis and all of the trainers that are here. that we want to do it with your safety in mind and with the immediate people's safety in mind so we can gain that valuable, sometimes minutes to be able to introduce a professional. so that we can go on and perhaps save a person's life even more times than we have in the past. quite frankly, it has worked in no less than probably five situations in the past several months. and i was with the chief on one of those occasions, almost three to four hours in those negotiations and we saved everybody's life and everybody walked away. we need more of those opportunities, because there is drugs, there is drug abuse, there is a tremendous amount of mental illness and you can't do it all.
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we don't want to tell you to do it all, but you have an invaluable part of that process. so those are two messages. again, thank you for choosing the city and county of san francisco to work in and we'll be there to create more classes as more of our officers decide they want to have an even better life and retire and at the same time, we need to get enough officers to meet the challenges of population, and the needs of every one of our neighborhoods. thanks for being officers in the city and county of san francisco. chief . >> first of all real fast i'm with the mayor every wednesday and the joke you heard i have to hear those every wednesday when i meet with him [laughter ]so the sympathy should be flowing my way. the incident that the mayor was talking about wasing at market and jones and it was a support armed with a firearm
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and the officer showed incredible restraint and saves that mans a life. i have since met with the mother and father of the man's life that was saved and they are incredibly grateful to the san francisco police department. they spent about two hours praising our efforts, and giving us kudos for making sure that resolved the way it did. that is what we're trying to push forward and we all understand it's not always going to work out in our favor and things that happen that are well beyond the control of anybody wearing that uniform and we need to make sure we're crystal clear on that, but at same time, to approach every situations a life-saving situation. the department is moving in a different direction and we're trying to be at the front of this and not the back of the line. i just sat in an awards ceremony, voting process for department members to get silver medals and awards and most of the recipients came up in situations that they tracked about what they did
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and talked about using time and distancing in deescalation. one an officer was stabbed in throat on the freeway on-ramp and went for his firearm which he reholstered to baton because he recognized that the situation changed and the individual no longer had the knife and he had presence of mind to think about it as it unfolded. another situation a gentleman was sharpening a knife and had residents holed because they were too afraid and they formulated the plan of creating time and distance and they subdued him and took him into custody without shooting him. arguably a year-and-a-half, two years ago the officer-involved shooting scenarios pure and simple. that is what we're trying to preach and push today and the group standing behind me are meant to give you additional tools in the tool belt when you have those situation and the san francisco police department is proud to
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partner again with the department of public health on mental health services to the community and the san francisco police have worked with department of public health for years including mobile crisis teams providing assistance to child crisis services which helps youth in crisis. this new team of clinicians standing behind me isa valuable to san francisco police officers to support negotiators in the field and conduct crisis assessments and debrief persons involved and affected by incidents, and consult with victims and provide crisis services. they are going to also assist with our ongoing crisis intervention training program to help our officers improve their ability to recognize people with behavioral health problems. this program is part of an ongoing reform system that the department has undertaken over the past year and again, i'm talking about the san francisco police department being the lead, not following, not picking things up from everybody else. we were using a model that is still effective, but there is
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say better model. and our people are now researching that model to bring it to san francisco with dealing with people in crisis. that is part of us taking the lead. we're under a collaborative reform initiative review by the department of justice right now that we invited in. because again, all of these changes are meant to make us better. so i want us all to make sure we embrace it and look behind me at these white jackets with another tool for the san francisco police department to use to enforce the sanctity of life on the streets and save people, because that is our primary mission to preserve life. i want to introduce director. >> thank you you and thank you all of you and i saw you standing at attention to so long and you are so fortunate to be part of a city and part of a police force that are going to be at the head of many police forces in this country in terms of really understanding the impact of
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substance-abuse and mental health on many of the individuals that you may meet. behind me is a team that we have been over the last decade working very closely with the police, and coming to any incidents of violence and providing assessments and support to family members. we're going to be expanding this team with three clinical psychologists and social workers to work deeper with all of you and give you training how to engage and meet the needs of many of these individuals. and also, i have been on the calls and some of these interventions that the police chief talked about, and we believe we can really give you really important information about the background of an individual, who you may be negotiating with. and so we're very proud. i'm very proud of the team that is behind you in the white coats and i'm very proud of the team in the blue. and together we're going to be really providing you, i believe, some essential training and also support. and we believe that doing this together, we can reduce -- improve the health of
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many of the individuals who you are going to come in contact and reduce the incidents that we have at times when we have to be more forceful with individuals. so we look forward to this. we're going to be quickly hiring these individuals, and the police will be involved with this in hiring. so we have the right type of individual who will work with us closely and by the new year, we'll be really working closely and responding. in between now and then, this team behind me will be taking that place until our new staff is expanded. we're 24/7, and we're located in the bay view, but we travel throughout the city in order to provide these services. so i want to thank you for your attention today and we look forward to working with you, and proud to see all of you today becoming new police officers. [ applause ] >> we're going to conclude this and any questions that the press may have we'll be
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outside in the hallway for you.
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[chain saw whirring] [growling] listen, you are extremely terrifying-- just the scariest undead thing on tv, and i really mean that. i am worried that you could give my kids nightmares if they see you, so i'm gonna have to block you. [sighs] so, that's it. oh, and tell the zombies they're blocked, too. listen, your story line, it makes for incredible tv drama. thing is, your drug use is too adult for the kids, so i'm going to have to block you. oh, man.
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yeah. [inhales] well, have a good one. you're a nice lady. regular meeting of of the san francisco board of education is called to order >> ms. fewer dr. murase ms. norton, mr. walton thank you ms. wynns that he mr. haney and ms. ing thank


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